Sabino v. Port Authority Police Dept.

Background

Saul Sabino, who was detained at the Anna M. Kross Center and represented himself, filed what he titled a notice of removal seeking to move his pending criminal prosecution from the New York Supreme Court-Criminal Term to the federal district court. The opinion states that the notice also referred to Sabino’s pending civil-rights case and to laws governing petitions challenging detention, but the court treated the filing as a notice of removal under 28 U.S.C. § 1455.

According to the opinion, Sabino was arrested on August 10, 2020, indicted by a grand jury on October 26, 2020, and arraigned on December 23, 2020, where he pleaded not guilty. He alleged prosecutorial and judicial misconduct, ineffective assistance of counsel, denial of a speedy trial, and improper denial of discovery. He argued that the delay in his state criminal case made his removal notice timely because there was no available state corrective process.

Removal Analysis

Federal law generally requires a defendant to file a notice seeking removal of a state criminal case no later than 30 days after arraignment or before trial, whichever comes first. Sabino’s notice was given to prison officials for mailing on or about June 4, 2022—approximately 18 months after his December 2020 arraignment. The court therefore held that the notice did not meet the procedural requirements for removal.

The court also explained that federal jurisdiction to remove a state criminal prosecution is limited. The relevant statutes allow removal in circumstances such as a state prosecution against a federal officer or armed-forces member for actions taken in an official capacity, or a prosecution in which the defendant cannot enforce an equal-civil-rights protection in state court. The court found that Sabino did not allege facts showing either circumstance. It concluded that removal was improper.

Additional Claims and Disposition

The court noted that Sabino’s submission, including exhibits, exceeded 800 pages and also raised claims under 28 U.S.C. § 2241, including alleged double jeopardy and speedy-trial violations. A petition under Section 2241 is a request for a court order addressing allegedly unlawful detention or custody. Because the criminal case was being sent back to state court, the court directed the Clerk to open a new civil action and file Sabino’s initial pleading there as a Section 2241 petition, along with his application to proceed without paying filing fees. The court stated that Sabino would have an opportunity to withdraw the new action if he did not want to proceed with that petition.

Judge Laura Taylor Swain ordered the criminal action remanded to the New York Supreme Court-Criminal Term, directed the Clerk to send that court a copy of the order, and closed the federal action. The opinion does not decide the merits of Sabino’s allegations of misconduct, double jeopardy, speedy-trial violations, or discovery denial.