Avendano Hernandez v. Decker
- James Oetken
- 2:20-cv-01589
- U.S. District Court · Southern District of New York
- 1
In Gaspar Avendaño Hernandez v. Decker, Judge Oetken ordered a response to a release motion in an immigration-detention case without deciding the motion.
Gaspar Avendaño Hernandez, who is detained by Immigration and Customs Enforcement, and the respondents, who were ordered to respond to his release motion.
What happened
Gaspar Avendaño Hernandez filed a petition challenging his detention by Immigration and Customs Enforcement in Gaspar Avendaño Hernandez v. Decker.
He also filed a letter motion asking the respondents to release him under Mapp v. Reno. The opinion does not decide whether he should be released.
Judge J. Paul Oetken ordered the respondents to respond by March 27, 2020, and allowed Avendaño Hernandez to file a reply by March 30, 2020.
The detailed version
- Avendano Hernandez v. Decker · No. 2:20-cv-01589
- James Oetken
- Mar. 24, 2020
Background
Gaspar Avendaño Hernandez filed a petition under 28 U.S.C. § 2241, a law that allows a person to challenge certain forms of detention in federal court. He seeks relief from his detention by Immigration and Customs Enforcement.
Avendaño Hernandez also filed a letter motion asking the respondents to compel his release under Mapp v. Reno, 241 F.3d 221 (2d Cir. 2001). The opinion does not explain the underlying facts of his detention or the arguments supporting the requested release.
Order
Judge J. Paul Oetken did not grant or deny the release motion. Instead, the court directed the respondents to file a response of no more than six pages by March 27, 2020. The court allowed Avendaño Hernandez to file a reply of no more than two pages by March 30, 2020, if he chose to do so.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.