Abrego Arevalo v. Decker
- Vernon Broderick
- 1:20-cv-02982
- U.S. District Court · Southern District of New York
- 2
In Abrego Arevalo v. Decker, Judge Broderick ordered briefing on habeas venue and scheduled a telephonic conference.
The five named petitioners and the respondents are affected by the order requiring briefing on whether the case should proceed in the Southern District of New York or the District of New Jersey.
What happened
In Abrego Arevalo v. Decker, five petitioners filed a petition challenging their immigration detention and asked the court to order their release while the case continued.
The court identified a preliminary question about whether the case belonged in the Southern District of New York or in the District of New Jersey, where the petitioners were detained. It did not decide that question or the request for release.
Judge Vernon S. Broderick ordered the parties to submit simultaneous briefs about venue by April 17, 2020, and scheduled a telephonic conference for that afternoon.
The detailed version
- Abrego Arevalo v. Decker · No. 1:20-cv-02982
- Vernon Broderick
- Apr. 14, 2020
Background
The five petitioners filed a petition asking for a court order concerning their immigration detention. They also filed a motion for a temporary restraining order, which is an emergency request for temporary relief, seeking immediate release on their own recognizance or on reasonable conditions while the case proceeded. The opinion states that the petitioners were detained in the District of New Jersey.
Issue
After a preliminary review, the court identified a threshold issue—an issue that must be addressed before the underlying claims—concerning whether venue was proper in the Southern District of New York or in the District of New Jersey. The court referred the parties to several prior cases involving similar circumstances, including cases transferred from this District to the District of New Jersey and cases reaching a different venue conclusion.
Order
The court ordered the parties to meet and confer and then simultaneously brief whether venue was proper in this District or the District of New Jersey. The briefs were due by noon on April 17, 2020, or later if the parties agreed. The court also ordered the parties to appear for a telephonic conference at 3:30 p.m. on April 17, 2020. The opinion does not state that the court granted or denied the temporary restraining order, decided venue, or ruled on the underlying detention claims.
Classification
This is a procedural order because it addressed a threshold venue question and set briefing and a conference without deciding the merits of the petition or the request for release.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.