Nazer v. Warden at Riker's Island

Background

Izzat Nazer was detained before trial at the Vernon C. Bain Center and proceeded without a lawyer. He filed an amended petition under 28 U.S.C. § 2241, a federal law that can allow a person in custody to challenge detention that allegedly violates the Constitution or federal law. Nazer sought release from detention.

Nazer faced pending criminal charges in the Supreme Court of the State of New York, New York County. He said he had initially been released on his own recognizance, but after an arrest and a missed court appointment, the state court entered a May 4, 2023 order requiring detention and setting bail at $30,000. He argued that the bail order imposed excessive bail in violation of the Eighth Amendment and that state law did not allow money bail for the charges. He also raised concerns about his defense counsel, the state court proceedings, and a mental-health examination.

Nazer appealed the bail determination to the Appellate Division, First Department on May 5, 2023. He sought supervised release with non-monetary conditions, and the appeal remained pending when he filed the federal petition.

Court’s Analysis

The court explained that a person generally must exhaust available state-court remedies before seeking federal relief under Section 2241. Exhaustion ordinarily requires presenting the federal constitutional claims through one complete round of the state’s established appellate review process.

Because Nazer’s appeal from the bail order was still pending, the court found that he had not completed that process. The court therefore concluded that it could not entertain the petition. This ruling rested on exhaustion and did not decide whether the $30,000 bail violated the Eighth Amendment or state law.

The court also declined to give Nazer another opportunity to amend. It explained that he had already amended the petition and that another amendment could not cure the exhaustion defect.

Disposition

Judge Laura Taylor Swain dismissed the amended petition as unexhausted. The court stated that the petition did not make a substantial showing that a constitutional right had been denied, so a certificate of appealability would not issue. The court also certified that an appeal would not be taken in good faith and denied Nazer permission to proceed without paying filing fees for an appeal. Judgment was entered.