Garcia v. Decker, 20-CV-1047 (VEC). (2020)
Court: District Court, S.D. New York
Number: infdco20200210e50
Visitors: 21
Filed: Feb. 07, 2020
Latest Update: Feb. 07, 2020
Summary: ORDER VALERIE CAPRONI , District Judge . WHEREAS on February 6, 2020, Petitioner filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 (Dkt. 1); IT IS HEREBY ORDERED THAT: 1. Because the Petition raises both "core" challenges to physical detention and "non-core" challenges to removal proceedings, and because Petitioner is currently detained in New Jersey, the proper venue for this case is the District of New Jersey. See S.N.C. v. Sessions, 325 F.Supp.3d 401, 409 (S.D
Summary: ORDER VALERIE CAPRONI , District Judge . WHEREAS on February 6, 2020, Petitioner filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 (Dkt. 1); IT IS HEREBY ORDERED THAT: 1. Because the Petition raises both "core" challenges to physical detention and "non-core" challenges to removal proceedings, and because Petitioner is currently detained in New Jersey, the proper venue for this case is the District of New Jersey. See S.N.C. v. Sessions, 325 F.Supp.3d 401, 409 (S.D...
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ORDER
VALERIE CAPRONI, District Judge.
WHEREAS on February 6, 2020, Petitioner filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (Dkt. 1);
IT IS HEREBY ORDERED THAT:
1. Because the Petition raises both "core" challenges to physical detention and "non-core" challenges to removal proceedings, and because Petitioner is currently detained in New Jersey, the proper venue for this case is the District of New Jersey. See S.N.C. v. Sessions, 325 F.Supp.3d 401, 409 (S.D.N.Y. 2018). No later than February 14, 2020, Petitioner must file an Amended Petition that omits all "core" challenges to Petitioner's physical detention. See id. at 410. If Petitioner fails to do so, this case will be transferred to the District of New Jersey.
2. If this case remains in this District, Respondents will be required to file an answer or other response to the Petition no later than March 13, 2020.
SO ORDERED.
Source: Leagle
