Thread by @innercitypress

OK - on habeas corpus beat @SDNYLIVE, now hearing in EJCC v. Joyce, Noem & RFK Jr: Bronx 11th grader from Ecuador was detained by ICE in October, Inner City Press is covering the ICE beat and will live tweet, thread below

Judge Seibel: Is EJCC in the custody of his uncle yet? He's applied as a foster parent?
AUSA: We have the vet the sponsor under the Trafficking Act
Judge: So we have to pretend he's still an unaccompanied minor- souldn't a court rectify that?
AUSA: Not how it works

Judge Seibel: But a state court has granted guardianship to the uncle. If there's a problem, God forbid, that's on the state court, no?
AUSA: I'm told that's not how it works. There are many UACs in ORR custody. There's an HSI interview required

Judge Seibel: The amici tell me that kids are being held up to six months, even when they have a safe place to go... Let me ask about the new policy. Does it mean that ICE will no longer consider deferred action in these cases?
AUSA: It's no longer automatic

Petitioner's counsel: They are not considering it at all anymore.
Judge Seibel: That's how I read it
[Here is the document being discussed

Judge Seibel: In your petition you say you want a stay of removal until he can apply - which could be years, until there's a visa available. What if the answer is no, we're not deferring action?
Petitioner's lawyer: That's a question for another day

Judge Seibel: If you are entitled to something, that one thing. If it's decretionary...Why can't they change their policy?
Petitioner's lawyer: He has a right, they are constrained by policy. Deferred action may be discretionary, but they have promulgated policies

Judge Seibel: On SIJ status there's an old song many of you are probably not aware of, War - what is it good for? SIJ status, what is it good for?
A: SIJ status does not afford with it protection for removal

Judge Seibel: Isn't that making a mockery of what Congress intended when they passed the statute?
AUSA: The statute does not provide protection while waiting in line
Judge: I think it has to, otherwise the whole thing is illusory

Judge Seibel: Even the previous Administration didn't say that SIJ didn't confer lawful status-
AUSA: That's right, it's in the document.
Judge: But don't you have the right to stay until you can try to adjust?
AUSA: No.

Petitioner's lawyer: The document AUSA Kroll is citing is not from Congress, it's from CIS. SIJ has rigorous requirements. It has to mean something, before they just pluck you out of the line. They want you to say the statute means nothing

Judge Seibel: If deferred action is no longer a thing, how can I order it?
Petititioner's lawyer: Joel is entitled to a determination. The policy had not been changed in April when he was approved
Judge: In July they determined deferred action is no longer a thing

Judge Seibel: The putative class action in EDNY, I pulled up the docket but could not read the documents
Petitioner's lawyer: I've printing out the documents that are helpful to me
Judge: Didn't the petitioner says he was willing to stay this case if not removed?

Judge: Then we could wait out the EDNY decision. What if the EDNY judge says it is not an APA violation?
Petitioner's lawyer: Previously the approval rate was over 99%. But we think he's entitled to more
Judge: I wouldn't have to reach that. That's always nice

AUSA Kroll: The right is only if the visa is available.
Judge Seibel: Do they say that?
AUSA: They say "when available."
Judge: What about, Congress has decided not to make visa availabe, ergo your client is out of luck.
Petitioner's lawyer: It's about timing

Petitioner's lawyer: An order of removal is not a basis of revoking SIJ status. Removal for Joel is arbitrary and capricious. These are two parts of DHS making different findings. It's the definition of arbitrary and capricious.

Judge Seibel: There is a case out of Massachusetts that SIJ status alone does not render alien lawfully in the US, and thus does not entitle him to release. Why is that wrong?
Petitioner's lawyer: That's dicta... His mother self-deported to Ecuador so his uncle

Judge Seibel: Forget ORR, I want to make sure that if I grant bail I am not sending your client to an unsuitable situation. In a criminal case, I'd ask, who else lives there? Are they law abiding?
Petitioner's lawyer: A state court found it appropriate

Judge Seibel: Who else lives there?
Petitioner's lawyer: Some other children... But a state court has already found it appropriate. You could order his release right now.
Judge: Anything else either side wants to say?
AUSA: If you overstay a visa, you can't stay

AUSA: I have law school colleague with a J visa, but if they overstay, they cannot stay. Let me correct a few citations so that ORR is not mad at me

Petitioner's lawyer: Joel should be returned to his lawful guardian. He should not sit in detention.
Judge Seibel: That is all relevant to bail. It's not relevant to the legal issues. It's not my place to decide if what the government is doing is heartless

Judge Seibel: But I am going to address bail. Under Mapp, court can provide bail. The petitioner must demonstrate extraordinary circumstances. We all agree petitioner does not present any danger to the community. There are substantial claims in the petition

Judge Seibel: He wants to stay here, he's been here three years. There are extraordinary circumstances here that render release necessary. He is not an unaccompanied minor. It was Orwellian or Kafkaesque for the government not to acknowledge that fact

Judge Seibel: He was going to public school in The Bronx, the credits at ORR may not translate. So immediate release is necessary. See Mahdawi v. Trump, District of Vermont, 2025. The Government believes itself unable to extricate him from the process

Judge Seibel: So I order him released on bail so long as he reside with his uncle Juan Bautista Yapa Comas - submit me an order to that effect. My order is effective right now

Judge: I think the uncle's name can be public....
I will consider the rest

Judge Seibel: Should my counterpart in the Eastern District rule on anything, you'll let me know?
Yes.

Adjourned. Story coming
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