Rivera-Velasquez v. Decker
- Jesse Furman
- 1:19-cv-10297
- U.S. District Court · Southern District of New York
- 1
In Rivera-Velasquez v. Decker, Judge Furman granted habeas relief, requiring a new bond hearing or release within seven days.
Elmer Rivera-Velasquez, whose continued detention must be reviewed at a new bond hearing or followed by his release; the respondents must arrange the hearing or release as ordered.
What happened
Elmer Rivera-Velasquez asked the court for relief from his continued detention. The case was Rivera-Velasquez v. Decker in the Southern District of New York.
The court ruled that the Fifth Amendment’s guarantee of fair treatment requires a new bond hearing. At that hearing, the government must prove by clear and convincing evidence that continued detention is justified, and the Immigration Judge must consider Rivera-Velasquez’s ability to pay bond and possible alternatives to detention.
Judge Jesse M. Furman granted Rivera-Velasquez’s amended petition. He ordered the respondents to bring Rivera-Velasquez before an Immigration Judge for a hearing meeting those requirements or release him within seven days, and directed the clerk to close the case.
The detailed version
- Rivera-Velasquez v. Decker · No. 1:19-cv-10297
- Jesse Furman
- Dec. 17, 2019
Background
Elmer Rivera-Velasquez filed an amended petition for a writ of habeas corpus, a request for a court order addressing unlawful detention. The opinion identifies Thomas Decker as the Field Office Director of the New York City Field Office of U.S. Immigration and Customs Enforcement and names additional respondents.
Court’s analysis
After reviewing the government’s and Rivera-Velasquez’s submissions, the court concluded that the Fifth Amendment’s Due Process Clause requires Rivera-Velasquez to receive a new, individualized bond hearing. At that hearing:
- The government must prove by clear and convincing evidence that Rivera-Velasquez’s continued detention is justified. - The Immigration Judge must consider Rivera-Velasquez’s ability to pay bond. - The Immigration Judge must consider whether alternative conditions of release are suitable.
Ruling and disposition
Judge Jesse M. Furman granted Rivera-Velasquez’s amended habeas petition. The respondents were ordered, within seven days of the order’s date, either to take Rivera-Velasquez before an Immigration Judge for a bond hearing consistent with the order or to release him. The clerk was directed to enter judgment and close the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.