Immigration Law

Habeas Victory in SDNY: Martinez v. McAleenan

Martinez v. McAleenan

"Luis Martinez ("Petitioner"), a native and citizen of Mexico, has been living in the U.S.
since 1990, when he was 12 or 13 years old. Petitioner has been detained in U.S. Immigration and
Customs Enforcement ("ICE") custody since January 16, 2019, allegedly pursuant to a reinstated
order of removal. (See Petitioner's Letter dated 5/14/19, ECF No. 20.) Petitioner is detained in
Essex County Correctional Facility, where he is in conditions identical to those of county jail
inmates serving criminal sentences. (See Letter dated 6/12/19, ECF No. 36.) On March 24, 2019,
Petitioner filed a writ of habeas corpus with this Court, arguing that he was never served with any
reinstatement order when he was detained, and nor was his attorney, who for months repeatedly
sought the alleged order justifying Mr. Martinez's detention. (ECF No. 1.)

Petitioner filed a First Amended Petition for his writ on April 21, 2019. (ECF No. 7.)
Subsequently, on May 13, 2019, Petitioner filed an Order to Show Cause for his immediate release
from custody on grounds that he and his counsel had still not received any notice or orders
justifying his detention, and hence the detention was unconstitutional. (ECF No. 18.) On May 13,
2019, the day Petitioner filed his Order to Show Cause in this Court, ICE finally served him and
his counsel with a Notice of Intent/ Decision to Reinstate the Prior Order (Form I-871). (See Letter,
ECF No. 20.) Having finally received written notice, Petitioner did not receive a new bond hearing.

On May 28, 2019, I held a Show Cause Hearing to assess the legal basis and
constitutionality of Petitioner’s Detention. (See Docket Entry Dated 5/28/2019.) Following that
hearing, I requested that the parties provide additional briefing regarding Petitioner’s writ of
habeas corpus in light of the fact that a belated Notice of Reinstatement Order had finally been
served on Petitioner, four months after his initial ICE Detention. (See id.) Both parties timely filed
their briefs. Presently before the Court is Petitioner’s Petition for a Writ of Habeas Corpus. (ECF
No. 7.) For the following reasons, Petitioner’s Writ is GRANTED."

[Hats way off to Paul O'Dwyer and Cheryl David!]