No. 24-1288

Monika Kapoor v. Vincent F. DeMarco, United States Marshal for the Eastern District of New York, et al.

Lower Court: Second Circuit
Docketed: 2025-06-17
Status: Denied
Type: Paid
Tags: convention-against-torture extradition habeas-corpus immigration-law judicial-review suspension-clause
Key Terms:
ERISA HabeasCorpus Immigration JusticiabilityDoctri
Latest Conference: 2025-10-17
Question Presented (AI Summary)

Whether Congress has stripped the federal courts of habeas jurisdiction over Convention Against Torture (CAT) claims by individuals facing extradition

Question Presented (OCR Extract)

The general federal habeas corpus statute, 2 8 U.S.C. § 2241, extends the Great Writ to detention “in violation of the * * * laws or treaties of the United States.” And “[i]n the extradition context * * * , habeas corpus proceedings have long been the appropriate vehicle * * * for detainees to bring claims seeking to bar their transfers.” Trump v. J.G.G., 145 S. Ct. 1003, 1007 (2025) (Kavanaugh, J., concurring) . In the decision below, the Second Circuit held that 8 U.S.C. § 1252(a)(4)—a provision devoted to judicial review of immigration removal orders —strips the federal courts of habeas jurisdiction over Convention Against Torture (CAT) claims by individuals facing extradition. In so holding, the Second Circuit expressly “part[ed] ways” with the Ninth Circuit on that issue. The questions present ed are: 1. Whether Congress has stripped the federal courts of habeas jurisdiction over CAT claims by individuals facing extradition. 2. Whether application of Section 1252(a)(4) to bar habeas review of CAT claims violate s the Suspension Clause. (II) PARTIES TO THE PROCE EDING Petitioner is Monika Kapoor, the appellant in the court of appeals. Respondents are Vincent F. DeMarco, United States Marshal for the Eastern District of New York, and Robert o Cordeiro, Chief Pretrial Services Officer for the Eastern District of New York, the appellees in the court of appeals.

Docket Entries

2025-10-20
Petition DENIED.
2025-10-01
Reply of petitioner Monika Kapoor filed. (Distributed)
2025-10-01
Reply of Monika Kapoor submitted.
2025-10-01
DISTRIBUTED for Conference of 10/17/2025.
2025-09-17
Brief of respondents Vincent DeMarco, et al. in opposition filed.
2025-08-12
Motion to extend the time to file a response is granted and the time is further extended to and including September 17, 2025.
2025-08-11
Motion of Vincent DeMarco, et al. for an extension of time submitted.
2025-08-11
Motion to extend the time to file a response from August 18, 2025 to September 17, 2025, submitted to The Clerk.
2025-07-16
Motion to extend the time to file a response is granted and the time is extended to and including August 18, 2025.
2025-07-15
Motion of Vincent DeMarco, et al. for an extension of time submitted.
2025-07-15
Motion to extend the time to file a response from July 17, 2025 to August 18, 2025, submitted to The Clerk.
2025-06-13
2025-05-30
Reply of applicant Kapoor filed.
2025-05-30
Order entered by Justice Sotomayor: Upon further consideration of the application of counsel for the applicant, the response filed thereto, and the reply, It is ordered that the stay heretofore entered by Justice Sotomayor on May 19, 2025, is hereby vacated. The application for stay is, in all respects, denied.
2025-05-27
Response to application from respondent DeMarco, et al. filed.
2025-05-19
Order entered by Justice Sotomayor: Upon consideration of the application of counsel for the applicant, it is ordered that the mandate of the United States Court of Appeals for the Second Circuit, case No. 22-2806, is hereby stayed pending further order of the undersigned or of the Court. It is further ordered that a response to the application be filed on or before Tuesday, May 27, 2025, by 4 p.m. (EDT).
2025-05-15
Application (24A1108) for a stay, submitted to Justice Sotomayor.

Attorneys

Monika Kapoor
Daniel N. LermanHerbert Smith Freehills Kramer (US) LLP, Petitioner
Vincent DeMarco, et al.
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent