Sophia v. Decker

S.D. New York

Sophia v. Decker

District Court, S.D. New York·Decided December 2, 2019·No. 1:19-cv-09599·Unknown

Opinion

UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED nnn ncn sans □□□□□□□□□□□□□□□□□□□□□□□ KM DOC #: : DATE FILED: 12/2/2019 NAISHEL SOPHIA, : Petitioner, : : 19 Civ. 9599 (LGS) -against- : : ORDER THOMAS DECKER, et al., : Respondent. :

LORNA G. SCHOFIELD, District Judge: WHEREAS, on October 17, 2019, the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 was filed; WHEREAS, on November 22, 2019, the parties completed briefing in regards to the Petition. A threshold question is whether this Court has jurisdiction to adjudicate Petitioner’s claims in light of 8 U.S.C. 8§ 1252(a)(5) and (b)(9); WHEREAS, several Circuit have recently issued opinions on the constitutionality of the jurisdiction- stripping provisions in § 1252, including the Second Circuit. See Ragbir v. Homan, 923 F.3d 52, 75 (2d Cir. 2019); Thuraissigiam v US DHS, 917 F.3d 1097, 1106-07 (9th Cir. 2019); Osorio-Martinez v. AG USA, 893 F.3d 153, 166-178 (3d Circuit 2018); Hamama y. Adduci, 912 F.3d 869, 874-77 (6th Cir. 2018). Unlike the in these matters, Sophia challenges the legality and constitutionality of his detention. It is hereby ORDERED that the parties shall complete additional briefing on whether the jurisdiction-stripping are, as applied to this case, constitutional. Petitioner shall, by December 13, 2019, file a memorandum of law. The Government shall, by January 3, 2020, file its response. Petitioner, shall, by January 10, 2020, file a reply. The additional submissions shall comply with the Court’s Individual Rules.

Dated: December 2, 2019 □ New York, New York LORNA G. SCHOFIEL UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED nnn ncn sans □□□□□□□□□□□□□□□□□□□□□□□ KM DOC #: : DATE FILED: 12/2/2019 NAISHEL SOPHIA, : Petitioner, : : 19 Civ. 9599 (LGS) -against- : : ORDER THOMAS DECKER, et al., : Respondent. :

LORNA G. SCHOFIELD, District Judge: WHEREAS, on October 17, 2019, the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 was filed; WHEREAS, on November 22, 2019, the parties completed briefing in regards to the Petition. A threshold question is whether this Court has jurisdiction to adjudicate Petitioner’s claims in light of 8 U.S.C. 8§ 1252(a)(5) and (b)(9); WHEREAS, several Circuit have recently issued opinions on the constitutionality of the jurisdiction- stripping provisions in § 1252, including the Second Circuit. See Ragbir v. Homan, 923 F.3d 52, 75 (2d Cir. 2019); Thuraissigiam v US DHS, 917 F.3d 1097, 1106-07 (9th Cir. 2019); Osorio-Martinez v. AG USA, 893 F.3d 153, 166-178 (3d Circuit 2018); Hamama y. Adduci, 912 F.3d 869, 874-77 (6th Cir. 2018). Unlike the in these matters, Sophia challenges the legality and constitutionality of his detention. It is hereby ORDERED that the parties shall complete additional briefing on whether the jurisdiction-stripping are, as applied to this case, constitutional. Petitioner shall, by December 13, 2019, file a memorandum of law. The Government shall, by January 3, 2020, file its response. Petitioner, shall, by January 10, 2020, file a reply. The additional submissions shall comply with the Court’s Individual Rules.

Dated: December 2, 2019 □ New York, New York LORNA G. SCHOFIEL UNITED STATES DISTRICT JUDGE

Sophia v. Decker, (S.D.N.Y. 2019).

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