Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Romero v. Shanahan

United States District Court, S.D. New York

December 10, 2014

JUAN BAUTISTA ROMERO, Petitioner,
v.
CHRISTOPHER SHANAHAN, et al., Defendants.

OPINION & ORDER

RINE B. FORREST, District Judge.

Juan Bautista Romero petitions for a writ of habeas corpus, pursuant to 28 U.S.C. § 2241, contending that his detention without a bond hearing is not authorized under § 236(c) of the Immigration and Nationality Act, 8 U.S.C. § 1226(e) ("INA"). Romero is a native of the Dominican Republic who was admitted to the United States in 1992 as a lawful permanent resident. On March 31, 2014, U.S. Immigration and Customs Enforcement (ICE) arrested Romero and charged that six of his eight criminal convictions spanning the last decade render him removable from the United States under the INA. Romero has been subject to no-bond detention during the pendency of his removal proceedings.

The legal issue presented is whether the detention provision in § 236(c) applies only at the time an individual is detained immediately upon release from custody for crimes enumerated in the statute, or not. Petitioner argues it does; the defendants contend it does not. This issue has been litigated in this district a number of times previously - with the majority of courts agreeing with the defendants.[1] The Second Circuit has yet to address the issue. There is a split in the circuit courts which have addressed the issue.[2] For the reasons set forth below, the petition is DENIED.

I. FACTUAL BACKGROUND

Romero is a 41 year-old national of the Dominican Republic who was admitted to the United States at the age of 17 as a lawful permanent resident. (Return to Habeas Petition ("Return"), Ex. 1, ECF No. 6.) Romero's wife, a lawful permanent resident, and six children all reside in the United States. (Petition for Writ of Habeas Corpus ("Pet.") ¶ 23, ECF No. 1.)

On March 31, 2014, ICE arrested Romero when he reported for a scheduled appointment with his probation officer. (Return, Ex. 1.) ICE charged Romero with being deportable in immigration removal proceedings under: INA § 237(a)(2)(B)(i), 8 U.S.C. § 1227(a)(2)(B)(i) (because he has been convicted of controlled substance offenses) and INA §237(a)(2)(A)(ii), 8 U.S.C. § 1227(a)(2)(ii) (because his larceny offenses are crimes of moral turpitude not arising out of a single scheme).[3] The Government alleges that six of Romero's eight criminal convictions render him removable from the United States:[4]

- On August 13, 2003, Romero pled guilty to attempted petit larceny in violation of N.Y.P.L. § 110/155.25 after breaking into a vehicle and stealing clothes and a pair of shoes. (Return, Ex. 3.) He was sentenced to a $250 fine. (Id.)
- On May 4, 2004, Romero was convicted of attempted unauthorized use of a motor vehicle in the third degree in violation of N.Y.P.L. § 110/165.05 and sentenced to a one-year conditional discharge. (Return, Ex. 4.)
- On April 26, 2006, Romero pled guilty to criminal possession of marijuana and was sentenced to a $100 fine. (Return, Ex. 5.)
- On March 29, 2007, Romero pled guilty to petit larceny in violation of N.Y.P.L. § 110/155.25 after stealing merchandise from an Aeropostale Clothing store. (Return, Ex. 2.) He was sentenced to a one-year conditional discharge and seven days of community service. (Return, Ex. 6.)
- On February 26, 2008, Romero pled guilty to the criminal sale of marijuana in the fourth degree in violation of N.Y.P.L. § 221.40 after selling two bags of marijuana to an undercover agent and being found with a key to a mailbox which contained 18 bags of marijuana. (Return, Ex. 7.) He was sentenced to time served and a six month suspension of his license. (Id.)
- On March 13, 2008, Romero pled guilty to criminal possession of marijuana in the fifth degree in violation of N.Y.P.L. § 221.10 after smoking marijuana in a public place. (Return, Ex. 8.) He was sentenced to time served and a six month suspension of his license. (Id.)
- On September 23, 2010, Romero initially pled guilty to possession of cocaine with intent to sell, in violation of N.Y.P.L. § 220.16(1), and on January 4, 2011 was sentenced to five years of probation and a six month suspension of his license. (Return, Ex. 9.) On August 13, 2014, a modified judgment was entered wherein Romero pled guilty to a simple possession of cocaine in violation of N.Y.P.L. § 220.09. (Id.)[5]
-On June 13, 2013, Romero pled guilty to the criminal sale of marijuana in violation of N.Y.P.L. § 221.40 and was sentenced to ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.