Sutherland v. Shanahan
- Stewart Aaron
- 1:15-cv-02224
- U.S. District Court · Southern District of New York
- 1
In Sutherland v. Shanahan, Judge Aaron ordered the parties to explain how Supreme Court decisions affect the remanded case.
David Sutherland, the government, and the other parties were directed to address the status of the remanded case.
What happened
In Sutherland v. Shanahan, the court had previously granted Sutherland’s petition asking for review of his detention and ordered the government to provide him a bond hearing.
The government filed a notice of appeal. The Second Circuit later sent the case back for further consideration in light of Supreme Court decisions in Nielsen v. Preap and Jennings v. Rodriguez.
Judge Stewart D. Aaron ordered the parties to provide a status update by May 25, 2020, including how those Supreme Court decisions affect Sutherland’s case.
The detailed version
- Sutherland v. Shanahan · No. 1:15-cv-02224
- Stewart Aaron
- May 5, 2020
Background
On June 5, 2015, the court granted Sutherland’s petition for a writ of habeas corpus, a petition seeking judicial review of detention, and ordered the government to provide him with a bond hearing. On August 7, 2015, the government filed a notice of appeal.
The Second Circuit issued a mandate vacating and remanding the case for further consideration in light of the Supreme Court’s decisions in Nielsen v. Preap, 139 S. Ct. 954 (2019), and Jennings v. Rodriguez, 138 S. Ct. 830 (2018). A remand sends a case back to the lower court for additional consideration.
Order
Judge Stewart D. Aaron ordered the parties to provide a status update no later than May 25, 2020. The update must discuss how the Supreme Court’s decisions affect Sutherland’s case. The order did not make a new ruling on the petition or the bond hearing.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.