Rivas v. Decker
- Laura Swain
- 1:15-cv-04083
- U.S. District Court · Southern District of New York
- 1
In Rivas v. Decker, Judge Swain ordered supplemental briefing after the Second Circuit vacated an earlier habeas ruling.
The order affects Adalgisa Rivas and Kenneth Decker and the other respondents by requiring supplemental briefing about the petition and the next steps in the case.
What happened
Rivas v. Decker concerns a petition for a writ of habeas corpus. The Second Circuit vacated the district court’s June 26, 2015, order, which had granted part of the petition and denied part of it.
The district court asked the parties to address how Nielsen v. Preap and Jennings v. Rodriguez affect the petition, whether later events made the petition moot, and what further steps should resolve the matter.
Judge Laura Taylor Swain ordered the parties to file supplemental briefs by May 22, 2020, with responses due by June 5, 2020. This order did not decide the petition’s claims.
The detailed version
- Rivas v. Decker · No. 1:15-cv-04083
- Laura Swain
- Apr. 29, 2020
Background
Adalgisa Rivas filed a petition for a writ of habeas corpus against Kenneth Decker and other respondents. On June 26, 2015, the district court entered an order granting part of the petition and denying part of it. The opinion states that the Second Circuit later vacated that order in a February 14, 2020, order.
Order
In light of the Second Circuit’s action, the court directed the parties to file supplemental briefs addressing three subjects: the effect of Nielsen v. Preap and Jennings v. Rodriguez on the claims in the petition; whether intervening events had made the petition moot; and what further action, if any, should be taken to resolve the matter.
The initial supplemental briefs were due May 22, 2020, and responses were due June 5, 2020. The order did not itself resolve the petition or state whether the petition was moot.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.