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S.D.N.Y.Procedural orderFiled Apr. 30, 2020

Talango v. Shanahan

Judge
Valerie Caproni
Docket
1:15-cv-02477
Court
U.S. District Court · Southern District of New York
Pages
2
HabeasImmigrationCivil Procedure
In one sentence

In Talango v. Shanahan, Judge Caproni dismissed the case after Talango received a bond hearing and was denied bond.

Who this affects

Javier Talango and the government respondents in the case.

What happened

In Talango v. Shanahan, Javier Talango had asked the court for relief concerning his immigration detention. In 2015, the court granted his petition and ordered the government to provide a bond hearing.

The government appealed. The Second Circuit later sent the case back for further consideration in light of two Supreme Court decisions. Before that, however, Talango received a bond hearing before an immigration judge and was denied bond.

Judge Valerie Caproni dismissed the case and directed the Clerk to keep it closed. The opinion does not state an additional reason for the dismissal.

The detailed version

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

Case
Talango v. Shanahan · No. 1:15-cv-02477
Judge
Valerie Caproni
Date
Apr. 30, 2020

Background

Javier Talango was the petitioner, and the respondents included officials of U.S. Immigration and Customs Enforcement, the Secretary of the U.S. Department of Homeland Security, the Attorney General of the United States, and the U.S. Department of Homeland Security. The opinion identifies the respondents by their official capacities.

Prior Proceedings

On May 20, 2015, the court granted Talango’s habeas petition—a petition seeking court relief from allegedly unlawful custody—and ordered the government to provide him with a bond hearing. The government filed a notice of appeal on July 17, 2015.

The Second Circuit later issued a mandate vacating and remanding the case for further consideration in light of the Supreme Court’s decisions in Nielsen v. Preap and Jennings v. Rodriguez. The opinion also states that Talango received a bond hearing before an immigration judge on June 3, 2015, and was denied bond.

Ruling

Judge Valerie Caproni ordered that the case be dismissed. She also directed the Clerk to keep the case closed. The opinion does not specify an additional reason for the dismissal or state whether the dismissal was with or without prejudice.

Disposition

The case was dismissed, and the Clerk was directed to keep it closed.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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