Salazar v. Dubois et al

Filing 23

ORDER AND OPINION: For the foregoing reasons, Salazar's requests 1) to not be moved from Orange County Jail and 2) to stay her deportation are DENIED. Further, this action shall be DISMISSED as it is duplicative of Salazar's petition in Y anet Candelario Salazar v. Orlando Rodriguez, 17cv1099 (JMV), which was decided in her favor on August 29, 2017. The Clerk of Court is respectfully directed to terminate this action. SO ORDERED. (Signed by Magistrate Judge Ronald L. Ellis on 9/11/2017) (anc)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
YANET CANDELARIO SALAZAR,

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Petitioner,
ORDER AND OPINION
17-CV-2186 (RLE)

- againstWARREN CARL B. DUBOIS, THOMAS HOMAN,
JEFFERSON BEAUREGARD SESSIONS II,
Respondents.

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RONALD L. ELLIS, United States Magistrate Judge:
I. INTRODUCTION

On March 27, 2017, Petitioner Yanet Candelario Salazar ("Salazar") filed a Petition for
Writ of Habeas Corpus. Salazar states that she has been detained by the Department of
Homeland Security and Immigration and Customs Enforcement since August 11, 2016, and is
currently housed at the Orange County Jail in Goshen, New York. (Doc. No. 1at5.) Through
this Writ of Habeas Corpus Salazar challenges her prolonged detention. (Id. at 6-10). Salazar
seeks 1) a declaratory judgment that she is eligible to be released on bond and that she is entitled
to a bond hearing 2) a declaratory judgment that she is not a flight risk or danger to the
community, and 3) an order that she be immediately released from DHS/ICE custody or that a
bond hearing be held immediately before an immigration judge. (Id. at 11.)
Salazar previously filed a Petition for Writ of Habeas Corpus in the District of New
Jersey on February 17, 2017, while she was detained at the Elizabeth Detention Center in
Elizabeth, New Jersey, and then an Amended Petition on February 23, 2017. (Doc. No. 1 at 4
and Doc. No. 14-8). In the Amended New Jersey Petition, Salazar raises substantially similar
allegations and makes identical requests for relief as in the instant Petition. (Doc. No. 14-8.) On

August, 29, 2017, the Honorable John Michael Vazquez of the District of New Jersey issued an

Oninion 12:rantin12: the habeas netition and ordering that Salazar receive a bond hearing before and
immigrationjudge within thirty days of the Opinion and Order. (Doc. No.19-1).
The Honorable Judge William H. Pauley, III referred this matter to the undersigned for
Habeas Corpus on April 10, 2017. (Doc. No. 5.) The Parties consented to the jurisdiction of the
undersigned on May 11, 2017. (Doc. No. 10.) The Government filed its response to Salazar's
Petition on July 14, 2017, arguing that the Petition should be stayed pending the outcome of the
New Jersey petition. (Doc. No. 15.)
On July 31, 2017, Salazar asked the Court to issue an order 1) that she not be moved from
the Orange Country Jail and 2) to stay her deportation pending the outcome of her instant habeas
petition. (Doc. No. 16.) When the District of New Jersey granted her habeas petition, Salazar
wrote the Court again asking for a stay of her deportation. For the reasons that follow, Salazar's
requests are DENIED and this petition is DISMISSED as duplicative of the New Jersey
petition.
II. BACKGROUND

The Government argues that this Court lacks jurisdiction to grant the relief sought by
Salazar. With respect to an order to not be moved out of Orange County Jail, the government
cites 8 U.S.C. § 1231 and case law to argue that Salazar's location is completely under the
discretion of the Attorney General. The Court agrees. A court lacks jurisdiction to review
decisions of the Attorney General where the authority is derived from subchapter II of Chapter
12 of Title 8. 8 U.S.C. § 1252(a)(2)(B)(ii); Subchapter II encompasses the Attorney General's
authority to "arrange for appropriate places of detention for aliens detained pending removal or a

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decision on removal." 8 U.S.C. § 123 l(g)(l). Thus, without a showing that a transfer would

infriniie on Salazar'' rnmtitutional rights. this Court doe~ not have authority to i55UC an order to
change or keep Salazar at any particular location. See Zheng v. Decker, No. 14 Civ. 4663
(MHD), 2014 WL 7190993, at *15-16 (S.D.N.Y. Dec. 12, 2014) (denying petitioner's request
that the court order ICE not to transfer him to another jurisdiction); Avramenkov v. INS, 99 F.
Supp. 2d 210, 213 (D. Conn. 2000) (finding that the court lacks jurisdiction to prevent the
Immigration and Naturalization Services from transferring petitioner).
The Court is also unable to grant Salazar's request for a stay of deportation. The
Government has correctly asserted that the REAL ID Act of2005, 8 U.S.C. §1252(b)(2),
specifies that the courts of appeal have sole jurisdiction to review an order of removal. Any stay
of an order of removal must also be entered by the reviewing court of appeal. Id. at
1252(b)(3)(B). Here, the Government has provided a copy of the Third Circuit's order imposing
a temporary stay on deportation proceedings against Salazar until the Court can take up the
motion for stay ofremoval. (Doc. No. 22-1 at 2.) Thus, the denial of her request in the instant
action, does not prejudice Salazar.
Finally, following the decision on the New Jersey petition, the Government argues that
the instant Petition should be dismissed because it is duplicative of the New Jersey petition.
(Doc. No. 19.) The Court agrees. "As part of its general power to administer its docket, a district
court may stay or dismiss a suit that is duplicative of another federal court suit." Curtis v.
Citibank, NA., 226 F.3d 133, 138 (2d Cir. 2000). Further, as the petition in New Jersey was

decided in Salazar's favor, dismissing the instant Petition does not prejudice Salazar.
III. CONCLUSION

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For the foregoing reasons, Salazar's requests 1) to not be moved from Orange County Jail

and 1) tn 'ltay her denmtatinn are DF,NTRD.
Further, this action shall be DISMISSED as it is duplicative of Salazar's petition in
Yanet Candelario Salazar v. Orlando Rodriguez, 17cv1099 (JMV), which was decided in her

favor on August 29, 2017.
The Clerk of Court is respectfully directed to terminate this action.
SO ORDERED this 11th day of September 2017.
New York, New York

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The Honorable Ronald L. Ellis
United States Magistrate Judge

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