Extra: Man Charged With Flashing in Penn Station Had Warrant for Removal Now Habeas Dismissed - more here

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by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Oct 7 – A gay Colombian dancer arrested in the Penn Station in Manhattan on September 15 and charged with lewd behavior and “exposure of a person” is now in ICE’s Eloy, Arizona Detention Center faced with deportation.

His habeas corpus petition has been dismissed - without prejudice - in the U.S. District Court for the Southern District of New York, which Inner City Press closely covers.

Faced with an Order to Show Cause, the government produced the records of arrest of Juan M. Bernal-Garcia. An Amtrak record describes the defendant’s behavior in front of a urinal in the Penn Station bathroom, see below.

Then a Warrant for Arrest of Alien was found. He was taken to 26 Federal Plaza, then to Delaney Hall Detention Facility in Newark, NJ then to the Port Isabel Service Processing Center in Los Fresnos, Texas. From there, to the Florence Service Processing Center in Florence, Arizona. Finally, to Eloy, where the immigration case picked up.

Judge Jennifer L. Rochon dismissed without prejudice, finding that he had not exhausted his administrative remedied. So far, nothing in the docket since then - Inner City Press is on the case: Bernal Garcia, et al., v. Francis, et al., 1:25-cv-7715 (Rochan)

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