Cases

JOAQUIN ORELLANA CASTANEDA, and GERMAN HERANDEZ ARGUETA v. COUNTY of SUFFOLK, and SUFFOLK COUNTY SHERIFF’S OFFICE; et al.

JOAQUIN ORELLANA CASTANEDA, and GERMAN HERANDEZ ARGUETA v. COUNTY of SUFFOLK, and SUFFOLK COUNTY SHERIFF’S OFFICE; et al.
Court: 
EDNY (J. J. Bianco, Central Islip Courthouse).
Docket: 
2:17-cv-04267 (E.D.N.Y. Jul 18, 2017)
Case: 

Complaint filed July 2017 challenges the Suffolk County Sheriff’s practice of unlawfully keeping individuals in jail custody after they should have been released once bail had been posted, or the resolution of a pending criminal case. The Sheriff detains individuals in violation of their constitutional rights based solely upon an ICE administrative detainer request to hold the individual in custody until they can be transferred to the federal immigration authorities. Several other courts have previously found that such administrative detainer detentions absent a court order or judicial warrant are unconstitutional. Detainers are a critical component of the current federal administration’s mobilization to arrest, detain & deport as many undocumented immigrants as possible.

Case is pending adjudication of the defendants’ motion to dismiss.