Aguilar Garcia v. Decker
- Valerie Caproni
- 1:20-cv-01047
- U.S. District Court · Southern District of New York
- 2
In Aguilar Garcia v. Decker, Judge Caproni ordered an amended petition omitting detention claims or transfer to New Jersey.
Marvin Aguilar Garcia, whose petition may be amended or transferred to the District of New Jersey, and the respondents, whose response deadline depends on whether the case remains in the Southern District of New York.
What happened
In Aguilar Garcia v. Decker, Marvin Aguilar Garcia filed a petition challenging his detention and removal proceedings under a federal detention statute.
The court said the petition raised both challenges to physical detention and challenges to removal proceedings. Because Garcia was detained in New Jersey, the court said New Jersey was the proper location for the case.
Judge Valerie Caproni ordered Garcia to file an amended petition by February 14, 2020, omitting all challenges to his physical detention. If he did not, the court said it would transfer the case to the District of New Jersey. The order did not decide the underlying challenges.
The detailed version
- Aguilar Garcia v. Decker · No. 1:20-cv-01047
- Valerie Caproni
- Feb. 7, 2020
Background
On February 6, 2020, Marvin Aguilar Garcia filed a petition under 28 U.S.C. § 2241 challenging matters involving his physical detention and removal proceedings. The respondents are Thomas Decker and others.
Venue and the Petition
The court distinguished between “core” challenges to physical detention and “non-core” challenges to removal proceedings. It held that, because the petition raised both types of challenges and Garcia was detained in New Jersey, the proper venue was the District of New Jersey.
Order
The court ordered Garcia to file an amended petition by February 14, 2020, omitting all “core” challenges to his physical detention. The court stated that if he failed to do so, the case would be transferred to the District of New Jersey. If the case remained in the Southern District of New York, the respondents would have to file an answer or other response by March 13, 2020. Judge Valerie Caproni did not decide the merits of Garcia’s detention or removal-related challenges.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.