Thanks go out to InnerCityPress [with a sincere hat tip], we see that the able USDC Judge Analisa Torres at Foley Square has ordered an immediate release.
Per ICP: "...A man from Guatemala who was detained by ICE outside his home in Queens on November 4 and has been detained at Delaney Hall in Newark, New Jersey since has been ordered released by U.S. District Court for the Southern District of New York Judge Analisa Torres. The November 14 NYSD decision has already been cited in other pending habeas proceedings. . . ."
Here is what led to this. [And now that
. . .Cuy Comes contends that his Fifth Amendment right to due process was violated when he was detained on November 4, 2025, after being approached on the sidewalk outside his home in Queens, New York. See Pet. 11. Cuy Comes seeks immediate release from custody. Id. 13. For the reasons stated below, the Petition is GRANTED.
Having reviewed the Petition, the materials filed in support thereof, and Respondents' opposition and companying declaration and exhibits, the Court finds that the Petition "present[s] only issues of law," and it may herefore, be adjudicated without a hearing. See 28 U.S.C. § 2243 (commanding courts to dispose of habea petitions expeditiously, "as law and justice require"). . . .
The Court has reviewed Petitioner’s application for a writ of habeas corpus. See ECF No. 1.
Pursuant to 28 U.S.C. § 2243, the Court ORDERS as follows:
1. By November 7, 2025, Petitioner shall cause a copy of this Order, the Court’s prior order administratively staying Petitioner’s transfer or removal at ECF No. 2, and Petitioner’s application for relief (including any supporting materials) to be served on Respondents;
2. By November 7, 2025, Petitioner shall file proof of service on the docket; and
3. By November 11, 2025, Respondents are ORDERED to show cause why the writ should not be granted.
SO ORDERED. . . .
Sanity is indeed. . . making a comeback. Onward, resolutely.
नमस्ते
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