Estrella v. Tay-Taylor et al
||Lois Vigniero Estrella
||Jeh Johnson, Christopher Shanahan, Daniel Bible, Yvette Tay-Taylor, Eric Holder and U.S. Department of Homeland Security
||March 7, 2014
||US District Court for the Southern District of New York
||Foley Square Office
||XX Out of State
||Paul A. Engelmayer
|Nature of Suit:
|Cause of Action:
||28 U.S.C. § 2241
|Jury Demanded By:
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|March 28, 2014
OPINION & ORDER: The Court therefore grants Vigniero's petition for a writ of habeas corpus. Because Vigniero was never released from physical custody following a conviction for an enumerated offense, fd at 2, DHS lacks the authority to detain h im under 8 U.S.C. § 1226(c). See Straker, 2013 WL 6476889, at *9-*15, the reasoning of which is incorporated herein. If DHS wishes to continue to detain Vigniero during his removal proceedings, it can only do so under § 1226(a), which requi res a bond hearing. See Straker, 2013 WL 6476889, at * 15. The Government shall provide Vigniero with a bond hearing, consistent with § 1226(a), by April 7,2014. The Clerk of Court is respectfully directed to close this case. Mr. Vigniero need not submit a reply brief, and the Court will not hold argument as previously scheduled on April 11, 2014. (Signed by Judge Paul A. Engelmayer on 3/28/2014) (cd)
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