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S.D.N.Y.Procedural orderFiled Jan. 15, 2020

Ali v. DHS/ICE/Dept. of Justice

Judge
Lorna Schofield
Docket
1:19-cv-08645
Court
U.S. District Court · Southern District of New York
Pages
1
HabeasCivil Procedure
In one sentence

Ali v. DHS/ICE/Dept. of Justice: Judge Schofield ordered the Government to identify Ali’s detention facility and mailing address.

Who this affects

Ilyas Ali and the Government respondents were affected. The Government was required to provide information about Ali’s detention facility, if any, and its mailing address.

What happened

In Ali v. DHS/ICE/Dept. of Justice, Ilyas Ali filed a petition challenging his continued detention without a bond hearing. He relied on a Supreme Court decision concerning prolonged detention.

The Government had filed a motion to dismiss or transfer the case. Ali later reported a new address at the Etowah County Detention Center, but the Court said mail sent there had been returned.

Judge Lorna G. Schofield ordered the Government to file a letter by January 22, 2020, stating where Ali was detained, if anywhere, and providing the facility’s mailing address. The order did not decide the petition or the Government’s motion.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Ali v. DHS/ICE/Dept. of Justice · No. 1:19-cv-08645
Judge
Lorna Schofield
Date
Jan. 15, 2020

Background

Ilyas Ali filed a petition for a writ of habeas corpus, meaning a request for court review of the lawfulness of his 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.

The U.S. Attorney’s Office filed a motion to dismiss or transfer on October 23, 2019. On November 4, 2019, Ali filed a notice of change of address asking the Court to send correspondence to the Etowah County Detention Center in Gadsden, Alabama. The Court stated that all mail sent to that address had been returned since November 4, 2019.

Order

The Court ordered the Government to file a letter by January 22, 2020, stating the facility, if any, where Ali was detained and providing its mailing address. Judge Lorna G. Schofield’s order did not rule on Ali’s detention claim and did not state a disposition of the Government’s motion to dismiss or transfer.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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