Opinion
19 Civ. 9599 (LGS)
12-02-2019
NAISHEL SOPHIA, Petitioner, v. THOMAS DECKER, et al., Respondent.
ORDER
:
WHEREAS, on October 17, 2019, the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 was filed;
WHEREAS, on November 22, 2019, the parties completed briefing in regards to the Petition. A threshold question is whether this Court has jurisdiction to adjudicate Petitioner's claims in light of 8 U.S.C. §§ 1252(a)(5) and (b)(9);
WHEREAS, several Circuit have recently issued opinions on the constitutionality of the jurisdiction-stripping provisions in § 1252, including the Second Circuit. See Ragbir v. Homan, 923 F.3d 52, 75 (2d Cir. 2019); Thuraissigiam v US DHS, 917 F.3d 1097, 1106-07 (9th Cir. 2019); Osorio-Martinez v. AG USA, 893 F.3d 153, 166-178 (3d Circuit 2018); Hamama v. Adduci, 912 F.3d 869, 874-77 (6th Cir. 2018). Unlike the petitioners in these matters, Sophia challenges the legality and constitutionality of his detention. It is hereby
ORDERED that the parties shall complete additional briefing on whether the jurisdiction-stripping provisions are, as applied to this case, constitutional. Petitioner shall, by December 13, 2019, file a memorandum of law. The Government shall, by January 3, 2020, file its response. Petitioner, shall, by January 10, 2020, file a reply. The additional submissions shall comply with the Court's Individual Rules. Dated: December 2, 2019
New York, New York
/s/ _________
LORNA G. SCHOFIELD
UNITED STATES DISTRICT JUDGE