18‐2184‐cv Arevalo‐Guasco v. Dubois UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURTʹS LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION ʺSUMMARY ORDERʺ). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 17th day of September, two thousand nineteen. PRESENT: RICHARD C. WESLEY, DENNY CHIN, JOSEPH F. BIANCO, Circuit Judges. ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐x CARLOS ARMANDO AREVALO‐GUASCO, Petitioner‐Appellant, v. 18‐2184‐cv CARL E. DUBOIS, ORANGE COUNTY SHERIFF, Respondent‐Appellee. ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐x FOR PETITIONER‐APPELLANT: Judy Resnick, Law Office of Judy Resnick, Far Rockaway, New York. FOR RESPONDENT‐APPELLEE: Brandon M. Waterman, Benjamin H. Torrance, Assistant United States Attorneys, for Geoffrey S. Berman, United States Attorney for the Southern District of New York, New York, New York. Appeal from the United States District Court for the Southern District of New York (Gardephe, J.). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the district court is AFFIRMED. Petitioner‐appellant Carlos Armando Arevalo‐Guasco appeals from the district courtʹs June 22, 2018 order dismissing his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. We assume the partiesʹ familiarity with the underlying facts, procedural history, and issues on appeal.1 ʺWe review a district courtʹs denial of a petition for a writ of habeas corpus brought pursuant to § 2241 de novo and review any factual findings for clear error.ʺ Lugo v. Hudson, 785 F.3d 852, 854 (2d Cir. 2015) (per curiam). Pursuant to 8 U.S.C. § 1226(a), ʺan alien may be arrested and detained pending a decision on whether the alien is to be removed from the United States,ʺ and pending that decision, the alien may continue to be detained or be released on bond or 1 On September 3, 2019, Arevalo‐Guasco moved to withdraw his appeal with prejudice, on the ground that he has been relocated to a facility outside the Second Circuit. The government opposed the motion on the ground that Arevalo‐Guasco was detained in the Southern District of New York when the petition was ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals