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Cruz v. Decker, 18-CV-9948 (GBD) (OTW). (2019)

Court: District Court, S.D. New York Number: infdco20190405g12 Visitors: 17
Filed: Apr. 04, 2019
Latest Update: Apr. 04, 2019
Summary: MEMORANDUM OPINION AND ORDER ONA T. WANG , Magistrate Judge . The Court has reviewed the Immigrant Defense Project's ("IDP") letter motion requesting leave to file brief of amicus curiae. (ECF 36). Whether to permit the filing of an amicus brief "lies in the `firm discretion' of the district court." C & A Carbone, Inc. v. County of Rockland, NY, No. 08-CV-6459 (ER), 2014 WL 1202699, at *3 (S.D.N.Y. Mar. 24, 2014). Amicus briefs are typically permitted when they "are of aid to the court
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MEMORANDUM OPINION AND ORDER

The Court has reviewed the Immigrant Defense Project's ("IDP") letter motion requesting leave to file brief of amicus curiae. (ECF 36). Whether to permit the filing of an amicus brief "lies in the `firm discretion' of the district court." C & A Carbone, Inc. v. County of Rockland, NY, No. 08-CV-6459 (ER), 2014 WL 1202699, at *3 (S.D.N.Y. Mar. 24, 2014). Amicus briefs are typically permitted when they "are of aid to the court and offer insights not available to the parties." Automobile Club of New York, Inc. v. Port Authority of NY and NJ, No. 11-CV-6746 (RJH), 2011 WL 5865296, at *1 (S.D.N.Y. Nov. 22, 2011).

Although the parties have completed briefing on the Government's motion to dismiss or transfer, the Government does not object to the filing of IDP's brief. (ECF 36). The Court has also reviewed the proposed brief and finds that while some of its case law analysis may be repetitive of the Petitioner's brief, the Court finds helpful IDP's discussion of the background and history behind the practice of detaining New York residents in New Jersey.

Accordingly, the motion to file an amicus brief is HEREBY GRANTED. The Government may file a response, if any, by April 9, 2019. No reply submissions are permitted.

SO ORDERED.

Source:  Leagle

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