De La Rosa LaFontaine v. Mechkowski et al
| Jacqueline De La Rosa LaFontaine |
| Scott Mechkowski, Christopher Shanahan, Jeh Johnson and Loretta Lynch |
| 1:2015cv04251 |
| June 3, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| John F. Keenan |
| General |
| 28 U.S.C. ยง 2241 |
| None |
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Filing
24
ORDER granting 23 Letter Motion to Adjourn Conference. The conference is adjourned to April 27, 2020 at 11:30 a.m. Status Conference set for 4/27/2020 at 11:30 AM before Judge John F. Keenan. (Signed by Judge John F. Keenan on 3/16/2020) (cf)
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Filing
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ORDER: Accordingly, counsel for Petitioner and Respondents are directed to appear before the Court for a status conference on Thursday, March 19, 2020 at 11 a.m. in Courtroom 20-C. (As further set forth in this Order.) (Status Conference set for 3/19/2020 at 11:00 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan.) (Signed by Judge John F. Keenan on 2/20/2020) (cf)
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Filing
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OPINION & ORDER: Before the Court is Petitioner Jacqueline De la Rosa Lafontaine's habeas corpus petition pursuant to 28 U.S.C. § 2241. She seeks immediate release from detention or, in the alternative, an individualized bond hearing. F or the following reasons, Lafontaine's petition is granted in part. The Court grants Lafontaine's petition because, joining the growing consensus in this district, it holds that Lafontaine's pre-conviction release on her own recog nizance is not a qualifying "release[]" within the meaning of § 1226(c). See, e.g., Blake v. Mechkowski, No. 15 Civ. 2724, 2015 WL 4006193, at *2 (S.D.N.Y. June 30, 2015); Reynoso v. Aviles, No. 15 Civ. 3933, 2015 WL 3917569, at *23 (S .D.N.Y. June 25, 2015); Gayle v. Aviles, No. 15 Civ. 2134, 2015 WL 4064630, at *26 (S.D.N.Y. June 22, 2015) (collecting cases and noting unanimity); Escrogin v. Tay-Taylor, No. 14 Civ. 2856, 2015 WL 509666, at *36 (S.D.N.Y. Feb. 5, 2015); Straker v . Jones, 986 F. Supp. 2d 345, 35663 (S.D.N.Y. 2013). In particular, Judge Engelmayer's analysis of this issue in Straker, as other courts in this district have recognized, is methodically reasoned and entirely persuasive. Straker, 986 F. Supp. 2 d at 35663. Having concluded that Lafontaine was not "released" under § 1226(c), the Court need not consider her other arguments. The Court, however, will not order Petitioner released. Instead, Respondents are ordered to provide Ms. Lafontaine with an individualized bond hearing under § 1226(a) by August 27, 2015. (As further set forth in this Opinion.) (Signed by Judge John F. Keenan on 8/17/2015) (mro)
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