Bernal Gutierrez v. Decker
- Valerie Caproni
- 1:20-cv-04046
- U.S. District Court · Southern District of New York
- 2
In Bernal Gutierrez v. Decker, Judge Caproni granted the government’s request to postpone a hearing on petitioner’s request for emergency relief.
Juan Edgar Bernal Gutierrez, the government, and the lawyers representing the parties were affected by the postponed hearing and the deadline for the petitioner’s proposed order.
What happened
Bernal Gutierrez v. Decker concerns a petition filed under federal law by Juan Edgar Bernal Gutierrez, who was held in civil immigration detention. He also asked for emergency court orders, including a temporary restraining order and a preliminary injunction.
The government asked to postpone the scheduled hearing so it could gather medical records and other documents needed to oppose the request. The petitioner’s lawyer agreed to the postponement. The government stated that the detention facility had no confirmed COVID-19 cases among its detainees or inmates as of the day before the request.
Judge Valerie E. Caproni granted the application, moved the hearing to June 1, 2020, at 11:00 a.m., and ordered the petitioner to submit a proposed order by May 29, 2020. The order did not decide the underlying detention or emergency-relief claims.
The detailed version
- Bernal Gutierrez v. Decker · No. 1:20-cv-04046
- Valerie Caproni
- May 28, 2020
Background
Juan Edgar Bernal Gutierrez filed a petition under 28 U.S.C. § 2241, a federal law allowing a person to challenge certain forms of detention. The opinion describes him as being held in civil immigration detention at the Orange County Correctional Facility in Goshen, New York. He filed the petition with requests for an order requiring the government to explain its position, a temporary restraining order, and a preliminary injunction—an emergency order intended to preserve or change the parties’ positions while a case proceeds.
The Request
The government asked the court to adjourn, or postpone, the hearing on the emergency-relief requests. It said it had received the petition and motion only shortly before the scheduled hearing and needed additional time to gather medical records and other documents to prepare its opposition. The petitioner’s counsel consented to the request. The government also stated that, as of the previous day, the facility had no confirmed COVID-19 cases among its Immigration and Customs Enforcement detainees or separately housed inmates, and that no detainees or inmates there were then experiencing COVID-19 symptoms.
Ruling
Judge Valerie E. Caproni granted the application. She adjourned the hearing to June 1, 2020, at 11:00 a.m., and ordered that the petitioner’s proposed order be submitted no later than May 29, 2020. This order addressed the hearing schedule and did not rule on the merits of the detention challenge or the requests for emergency relief.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.