Zabaleta v. Decker et al, No. 1:2018cv01802 - Document 33 (S.D.N.Y. 2018)

Court Description: MEMORANDUM OPINION & ORDER: For the foregoing reasons, the petition is granted. The petitioner is entitled to a new appeal before the BIA. The respondents shall afford the petitioner a new appeal before the BIA within thirty (30) d ays or release the petitioner on his original $5,000 bond. The Court has considered all of the arguments raised by the parties. To the extent they are not specifically addressed, they are either moot or without merit. The Clerk is directed to close Docket No. 10. The Court will retain jurisdiction over this case to resolve any issues with respect to the scheduling of the new appeal before the BIA. (Signed by Judge John G. Koeltl on 9/17/2018) (mro) Transmission to Orders and Judgments Clerk for processing.