Vasquez Salgado v. Francis

• Court: District Court, S.D. New York
• Decided: August 13, 2025
• Docket: 1:25-cv-06524
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT E D L O E C C # T : R ONIC ALLY FILED SOUTHERN DISTRICT OF NEW YORK DATE FILED: 8/13/2 025 -------------------------------------------------------------- X : 25-CV-6524 (VEC) Elder Leodani Vasquez Salgado, : : ORDER Petitioner, : : -against- : : LADEON FRANCIS, Acting Field Office : Director, US Immigrations and Customs : Enforcement, KRISTI NOEM, U.S. Secretary of : Homeland Security, TODD LYONS, Acting : Director U.S. Immigrations and Customs : Enforcement, and PAM BONDI, Attorney General, : in their official capacities : : Respondents. : : -------------------------------------------------------------- X VALERIE CAPRONI, United States District Judge: WHEREAS on August 7, 2025, Petitioner initiated this action, see Dkt. 1; WHEREAS the Petition for Writ of Habeas Corpus (the “Petition”) sought, inter alia, an Order prohibiting the Petitioner’s transfer outside the Southern District of New York and a Writ ordering Respondents to release Petitioner, see Petition, Dkt. 4, at 10; WHEREAS on August 8, 2025, the Court issued an Order setting a briefing schedule on the Petition and prohibiting Respondents from removing Petitioner from the Southern District absent further Court Order, see Memo Endorsement, Dkt. 9; WHEREAS on August 12, 2025, Respondent filed a Letter requesting modification of that Order to allow Respondents to transport Petitioner to Louisiana, and Petitioner opposed the request, see Letters, Dkts. 10–11; and 1 WHEREAS Petitioner requests further briefing on whether to modify the Court’s Order; in her view, the contemplated transferee facility is an all-male facility inappropriate to accommodate her, see Letter, Dkt. 11; IT IS HEREBY ORDERED that Petitioner’s deadline to file an opposition to the Government’s request to modify the Order so that it may transfer Petitioner to Louisiana is Wednesday, August 27, 2025. One of the following briefing schedules will control, pending the nature of Petitioner’s opposition: “* If Petitioner’s opposition includes a motion for bail pending adjudication of the Petition pursuant to Mapp v. Reno, 241 F.3d 221 (2d Cir. 2001): Respondents’ deadline to file a single response opposing bail and replying in support of their modification request will be Wednesday, September 10, 2025. Petitioner’s deadline to file reply papers in support of her bail request will be Wednesday, September 17, 2025. “* If Petitioner’s opposition does not include a motion for bail: Respondents’ deadline to reply in support of their modification request will be Friday, September 5, 2025. IT IS FURTHER ORDERED that the parties are directed to meet and confer to discuss whether they consent to Magistrate Judge jurisdiction to determine whether to modify the Court’s Order. The Court has limited availability during September to address what the parties appear to agree is an urgent request.

IT IS FURTHER ORDERED that Respondent must make good faith efforts to find a facility close to or in the Southern District of New York that is appropriate for long-term detention of Petitioner. Should another facility be identified, Respondent must promptly meet and confer with Petitioner to ascertain whether there can be an agreed-to transfer. SO ORDERED. . “ Voli one Date: August 12, 2025 VALERIE CAPRONI New York, New York United States District Judge