Legal Opinion

Pena v. Lynch

District Court, S.D. New York

Decided June 26, 2017No. 16-cv-5075 (RA)PublishedCited by 4 opinions

1Opinion of the Court

ORDER

RONNIE ABRAMS, United States District Judge:

Petitioner Daniel Pena, a native of the Dominican Republic and lawful permanent resident of the United States, petitions for a writ of habeas corpus, challenging the lawfulness of his detention pending removal. See Pet. (Dkt. 1). Pena seeks immediate release from custody under reasonable conditions of supervision or, alternatively, a bond hearing, as well as declaratory relief See id The petition challenges only Pena’s detention; it does not challenge his underlying removal order. See id.

On April 18, 2017, the Court directed Pena to advise the…

2Cases cited7 opinions

  1. Powell v. McCormackSupreme Court of the United States · 1969
  2. Richard Love, Jr. v. Frank McCray Superintendent of Livingston Correctional FacilityCourt of Appeals for the Second Circuit · 2005
  3. Chevron Corp. v. DonzigerCourt of Appeals for the Second Circuit · 2016
  4. Salazar v. KingCourt of Appeals for the Second Circuit · 2016
  5. Johnson v. RenoDistrict Court, S.D. New York · 2001

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3Cited by4 opinions

  1. Escobar-Hernandez v. BarrDistrict Court, S.D. New York · 2021
  2. Franco-Melgar v. Mullin, et al.District Court, D. Maryland · 2026
  3. Magdalena Yaneth Saavedra Pena et al. v. Kenneth Genalo et al.District Court, S.D. New York · 2026
  4. T.Y.S. v. Judith Almodovar, in her official capacity as Acting Field Office Director of New York, Immigration and Customs Enforcement, Todd Lyons, in his official capacity as Acting Director, U.S. Immigration and Customs Enforcement, Kristi Noem, in her official capacity as Secretary of the United States Department of Homeland Security, Pamela Bondi, in her official capacity as Attorney General of the U.S., Sirce E. Owen, in her official capacity as Acting Director of the Executive Office for Immigration Review, and Paul Arteta in his official capacity as the Sheriff of Orange County and the Director of Orange County Correctional FacilityDistrict Court, S.D. New York · 2025

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