Blake v. Decker
- Analisa Torres
- 1:22-cv-09692
- U.S. District Court · Southern District of New York
- 1
In Blake v. Decker, Judge Torres dismissed Blake’s release-or-bond petition as moot after his release, without prejudice.
Anthony Rohan O’Neil Blake, who had been detained by U.S. Immigration and Customs Enforcement and was released during the case; the respondents were no longer required to litigate the release-or-bond request in this case.
What happened
In Blake v. Decker, Anthony Rohan O’Neil Blake challenged his immigration detention and asked the court to order his immediate release or a bond hearing.
While the case was pending, the parties told the court that Blake had been released from detention after receiving deferred action. The court concluded that his request for release or a bond hearing was therefore no longer a live dispute.
Judge Analisa Torres dismissed the petition as moot without prejudice to Blake seeking relief from the appropriate court if he is detained again, and directed the clerk to close the case.
The detailed version
- Blake v. Decker · No. 1:22-cv-09692
- Analisa Torres
- Oct. 20, 2023
Background
On November 14, 2022, Anthony Rohan O’Neil Blake filed a petition for a writ of habeas corpus, meaning a request for a court order addressing the legality of his detention. Blake was detained by U.S. Immigration and Customs Enforcement and sought immediate release or, alternatively, a bond hearing.
Development During the Case
On October 19, 2023, the parties jointly informed the court that Blake had been released from detention on September 28, 2023, in connection with a grant of deferred action. The court determined that his requests for release or a bond hearing were moot, meaning that the release had eliminated the live dispute addressed by those requests.
A footnote states that, under Federal Rule of Civil Procedure 25(d), Kenneth Genalo was substituted for Thomas Decker as the current New York field office director for U.S. Immigration and Customs Enforcement.
Ruling
Judge Analisa Torres dismissed Blake’s petition as moot without prejudice to his ability to seek habeas relief from the appropriate court if he is detained again. The court directed the clerk to close the case. Because the dismissal was based on mootness, the order did not decide the underlying legality of Blake’s detention.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.