In the Matter of the Application of Andres Felipe Florez Rojas, Plaintiff-Petitioner, for a Declaratory Judgment Pursuant to Article 3001 of the Civil Practice Law and Rules and a judgment Pursuant to Article 78 of the Civil Practice Law and Rules,
Suffolk County Sheriff's Office and VINCENT F. DeMARCO, in his official capacity as Sheriff of Suffolk County, Defendants-Respondent.
BENJAMIN N. CARDOZO SCHOOL OF LAW YESHIVA UNIVERSITY
Attorneys for Plaintiff-Petitioner
SUFFOLK COUNTY DEPARTMENT OF LAW Attorneys for
JOSEPH A. SANTORELLI J.S.C.
hybrid CPLR Article 78 proceeding and declaratory judgment
action, petitioner/plaintiff Andres Felipe Florez Rojas
seeks: (1) a declaration that it violates the United States
Constitution, the New York State Constitution and New York
State law for respondents/defendents to detain him beyond the
period authorized for his criminal proceedings for purposes
of federal civil immigration enforcement; and (2) an order
pursuant to CPLR 7006 annulling
respondents'/defendants' decision to detain
petitioner/plaintiff for purposes of federal civil
immigration enforcement upon the payment of bail and
directing respondents/defendants to refrain from detaining
him after his payment of bail and release from custody.
motion dated December 26, 2017, respondents/defendants move
for an order pursuant to CPLR (A)(7) dismissing the complaint
and verified petition. The petitioner/plaintiff has opposed
Suffolk County District Court Docket 47698/2017 the
petitioner/plaintiff was charged with Criminal Possession of
Stolen Property in the Fourth Degree, a Class E Felony. On
December 2, 2017, the petitioner/plaintiff was arraigned on a
felony complaint, bail was set and he was remanded to the
custody of respondents/defendants. On or about December 4,
2017, the United States Department of Homeland Security,
(hereinafter DHS), filed an "Immigration Detainer-Notice
of Action" against the petitioner/plaintiff.
relevant part the document stated:
"1. DHS HAS DETERMINED THAT PROBABLE CAUSE EXITS THAT
THE SUBJECT IS A REMOVABLE ALIEN. THIS DETERMINATION IS BASED
ON (complete box 1 or 2).Inmate # - 736292
* * *
X Biometric confirmation of the alien's identify
and a record check of Federal databases that affirmatively
indicate, by themselves or in addition to other reliable
information, that the alien either lacks immigration status
or notwithstanding such status is removable under U.S.
immigration law; and/or
* * *
IT IS THEREFORE REQUESTED THAT YOU:
• Notify DHS as early as practicable (at least 48 hours,
if possible) before the alien is released from your custody.
Please notify DHS by calling X U.S. Immigration and
Customs Enforcement (ICE) or - U.S. Customs and Border
Protection (CBP) at 5165724403. If you cannot reach
an official at the number(s) provided, please contact the Law
Enforcement Support Center at (802) 872-6020.
• Maintain custody of the alien for a period NOT TO
EXCEED 48 HOURS beyond the time when he/she would
otherwise have been released from your custody to allow DHS
to assume custody. The alien must be served with a copy of
this form for the rehabilitation, parole, release, diversion,