Rodriguez v. Orange County Correctional Facility
- John Koeltl
- 1:23-cv-00242
- U.S. District Court · Southern District of New York
- 1
In Rodriguez v. Orange Country Correctional Facility, Judge Koeltl accelerated the government’s response deadline and requested information about possible removal during the case.
Antonio Moncion Rodriguez, his next friend, the government, and the other respondents in the petition were affected by the accelerated response schedule and the request for information about possible removal.
What happened
Antonio Moncion Rodriguez filed a petition against Orange Country Correctional Facility and other respondents. The government advised the court that Rodriguez’s removal was imminent.
The court moved the government’s deadline to respond to the petition to March 8, 2023. It set March 13, 2023, as the deadline for any reply from Rodriguez and directed the government to promptly say whether it would remove him while the petition remained pending.
Judge John G. Koeltl also directed the Clerk of Court to mail the order to Rodriguez and his next friend at both addresses listed on the docket. The order did not decide the petition’s underlying issues.
The detailed version
- Rodriguez v. Orange County Correctional Facility · No. 1:23-cv-00242
- John Koeltl
- Mar. 1, 2023
What the order addressed
The government advised the court that Rodriguez’s removal was imminent. In response, the court changed the schedule for responding to Rodriguez’s petition.
Court’s actions
The court accelerated the government’s deadline to respond to the petition to Wednesday, March 8, 2023. Any reply from Rodriguez was due Monday, March 13, 2023.
The court also directed the government to promptly advise whether it would remove Rodriguez while the petition was still pending. The order referred to a prior decision discussing the government’s policy of not carrying out removal while a petition is pending in the Court of Appeals for the Second Circuit, but it did not decide whether that policy applied here.
The Clerk of Court was directed to mail a copy of the order to Rodriguez and his next friend at both addresses listed on the docket.
Result
This was a scheduling and notice order. It did not rule on the underlying petition or state whether Rodriguez would be removed.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.