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Ortiz Gaitan v. Decker

Alien Denied Habeas Relief From ICE Detention; Rap Sheet Outweighed Other Evidence

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MEMORANDUM & ORDER

*1 Petitioner Carlos Ortiz Gaitan (“Ortiz”) brings this habeas petition under 28 U.S.C. §2241, the All Writs Act, 28 U.S.C. §1651, and Article I, Section 9 of the United States Constitution, alleging that his continued detention by Immigration and Customs Enforcement (“ICE”) violates his constitutional rights. In August 2017, this Court referred this matter to Magistrate Judge Katharine H. Parker for a Report and Recommendation (the “Report”). In December 2017, after briefing and oral argument, Magistrate Judge Parker issued the Report, recommending denial of Ortiz’s petition. Report and Recommendation (“Report”), 2017 WL 6459610 (S.D.N.Y. Dec. 15, 2017). Ortiz filed objections. (Petitioner’s Objections to the Report and Recommendation of the Magistrate Judge, ECF No. 24.) For the reasons that follow, and after a de novo review of the record, this Court adopts Magistrate Judge Parker’s recommendation that Ortiz’s habeas petition be denied.BACKGROUNDOrtiz is a Guatemalan citizen. (Verified Pet. for Writ of Habeas Corpus Pursuant to 28 U.S.C. §2241, ECF No. 1 1.) He illegally entered the United States more than 30 years ago. (Return to Habeas Petition, ECF No. 15 (“Gov’t Return”), Ex. 1 (“Notice to Appear”) at 3;

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