Ali v. DHS/ICE/Dept. of Justice
- Lorna Schofield
- 1:19-cv-08645
- U.S. District Court · Southern District of New York
- 2
In Ali v. DHS/ICE/Dept. of Justice, Judge Schofield gave Ali 30 days after service to respond to the government’s motion.
Ilyas Ali, whose deadline to respond to the government’s motion was reset to 30 days after service of the order.
What happened
Ali v. DHS/ICE/Dept. of Justice concerns Ilyas Ali’s petition challenging his continued detention without a bond hearing. He relied on the Supreme Court’s decision in Zadvydas v. Davis.
The government filed a motion to dismiss or transfer the case. Because two address changes prevented Ali from receiving the order requiring a response, he had not yet been served with that order.
Judge Lorna G. Schofield ordered that Ali may file reply papers within 30 days after being served with the order. She also directed the Clerk of Court to send him the order, an information packet, and the government’s motion and supporting papers by certified mail. The order did not decide the government’s motion or the detention claim.
The detailed version
- Ali v. DHS/ICE/Dept. of Justice · No. 1:19-cv-08645
- Lorna Schofield
- Dec. 2, 2019
Background
Ilyas Ali filed a petition for a writ of habeas corpus, a court proceeding asking for review of allegedly unlawful detention, on September 17, 2019. He asserted that he had been detained since December 4, 2018, and that his continued detention without an opportunity for a bond hearing was unlawful under the Supreme Court’s decision in Zadvydas v. Davis, 533 U.S. 678 (2001).
Procedural History
The U.S. Attorney’s Office filed a motion to dismiss or transfer on October 23, 2019. The government also filed a certificate stating that it had served the motion on Ali. The court had directed Ali to file any reply within 30 days after being served with the order requiring a response.
The order states that two changes of address meant Ali had not yet been served with that order. The opinion does not decide whether the motion to dismiss or transfer should be granted or whether Ali’s detention is lawful.
Ruling
Judge Lorna G. Schofield ordered that Ali may file reply papers, if any, within 30 days after he is served with the December 2 order. The judge also directed the Clerk of Court to serve the order, the information packet, and the government’s motion and supporting papers by certified mail at Ali’s current address. This order addressed service and the time to respond; it did not rule on the pending motion or the petition’s merits.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.