Martinez-Done v. Tay-Taylor et al
| Diomedes Martinez-Done |
| Yvette Tay-Taylor, Oscar Aviles, Christopher Shanahan, Jeh Johnson, Eric Holder and U.S. Department of Homeland Security |
| 1:2014cv03071 |
| April 30, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Shira A. Scheindlin |
| General |
| 28 U.S.C. ยง 2241 |
| None |
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Filing
23
ORDER: This former Judge Scheindlin immigration case was recently reassigned to this Court after the Court of Appeals remanded the matter back to the district court: "In response to our September 19, 2019 Orders to Show Cause, the parties have not opposed remand. Upon due consideration, it is hereby ORDERED that the appeals are REMANDED to the district court for further consideration in light of the Supreme Court's decisions in Nielsen v. Preap. 139 S. Ct. 954(2019), and Jennings v. Rodriguez, 138 S. Ct. 830(2018)." Martinez-Done v. Tay-Taylor, 14-4517. The parties have 45 days to brief the Court on the issues, if any, that remain in dispute. (Signed by Judge Colleen McMahon on 4/30/2020) (mml)
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Filing
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OPINION AND ORDER: Although Martinez was "released" within the meaning of section 236(c), he was not taken into custody "when [he was] released." Furthermore, even if his detention could be reconciled with the statutory language , constitutional concerns remain. Martinez has the right - under section 236(a) of the INA, as well as the Due Process Clause of the Fifth Amendment - to have an impartial adjudicator decide if he may be released during the pendency of his removal proceedings. His request for a bond hearing is GRANTED. (Signed by Judge Shira A. Scheindlin on 10/8/2014) (ja)
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