Banegas v. Decker

UNITED STATES DISTRICT COURT EDLOECC #T:R ONIC ALLY FILED SOUTHERN DISTRICT OF NEW YORK DATE FILED: 4/8/202 1 ALONSO BANEGAS, Petitioner, 21-CV-2359 (VEC) -against- ORDER THOMAS DECKER, et al., Respondents.

VALERIE CAPRONI, United States District Judge: WHEREAS on March 17, 2021, Petitioner filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (Dkt. 1); WHEREAS on March 26, 2021, the Court of Appeals for the Second Circuit granted a temporary stay of removal pending review of Petitioner’s formal motion for a stay of removal and his petition for review (“PFR”) of the Board of Immigration Appeals’ decision denying his application for relief from removal (Dkt. 17; Case No. 21-6128); IT IS HEREBY ORDERED THAT: No later than April 26, 2021 Petitioner may file a supplemental brief in support of his habeas petition in light of the Second Circuit’s temporary stay. The Government’s opposition is due by May 3, 2021. Both briefs are limited to ten pages, double spaced. The Court urges the parties to focus on the impact of the Second Circuit’s decision in Velasco Lopez v. Decker et al., 978 F.3d 842 (2d Cir. 2020) on whether Petitioner is entitled to a bond hearing in which the Government would bear the burden to show that Petitioner’s continued detention is justified.

SO ORDERED.

Dated: March 18, 2021 ~ , - New York, New York ew oy VALERIE CAPRONI United States District Judge