Sophia v. Decker
- Lorna Schofield
- 1:19-cv-09599
- U.S. District Court · Southern District of New York
- 1
In Sophia v. Decker, Judge Schofield ordered more briefing on whether jurisdiction limits are constitutional in Naishel Sophia’s detention challenge.
Naishel Sophia and the Government parties in his detention challenge; the order required both sides to provide additional briefing.
What happened
Sophia v. Decker concerns Naishel Sophia’s petition asking the court to review the legality and constitutionality of his detention under a federal detention-review law. The petition was filed on October 17, 2019, and the parties finished their initial briefing on November 22, 2019.
Before deciding the petition, the court identified a threshold question: whether it had authority to hear the claims because of federal laws limiting court review of certain immigration matters. The opinion did not decide that question or the legality of Sophia’s detention.
Judge Lorna G. Schofield ordered both sides to submit additional briefing on whether those jurisdiction-limiting laws are constitutional as applied to this case. Sophia’s memorandum was due December 13, 2019; the Government’s response was due January 3, 2020; and Sophia’s reply was due January 10, 2020.
The detailed version
- Sophia v. Decker · No. 1:19-cv-09599
- Lorna Schofield
- Dec. 2, 2019
Background
Naishel Sophia filed a petition under 28 U.S.C. § 2241, a procedure used to challenge the legality of a person’s detention, on October 17, 2019. The parties completed their initial briefing on November 22, 2019. The opinion states that Sophia challenges the legality and constitutionality of his detention.
Issue Identified by the Court
The court identified a threshold jurisdictional question—whether the court has authority to decide Sophia’s claims. It specifically referred to 8 U.S.C. § 1252(a)(5) and § 1252(b)(9), provisions that can limit judicial review of certain immigration-related claims. The court also noted recent appellate decisions addressing the constitutionality of those provisions, including a Second Circuit decision and decisions from the Third, Sixth, and Ninth Circuits.
Order
The court did not decide whether it had jurisdiction, whether the jurisdiction-limiting provisions are constitutional as applied to Sophia, or whether Sophia’s detention is lawful. Judge Lorna G. Schofield ordered additional briefing on the constitutional question. Sophia had to file a memorandum of law by December 13, 2019. The Government had to respond by January 3, 2020, and Sophia had to file a reply by January 10, 2020. The submissions had to comply with the court’s individual rules.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.