NYLJ Eastern District Roundup
Posted: August 13, 2021 / Written by: Harvey M. Stone, Richard H. Dolan / Category NYLJ Eastern District Roundup
No Basis for Bail, Travel Requirement Not Preempted, TRO Denied
This column reports on several significant representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Joanna Seybert saw no basis to grant bail pending sentence, despite defendant’s plea to a lesser charge of the indictment. Judge Brian M. Cogan held that requiring certain out-of-state travelers to fill out a New York state COVID-19 health form on entering the state does not violate the Supremacy Clause. Judge Cogan also declined to grant a TRO directing the U.S. Embassy in Djibouti to adjudicate Form I-130 petitions under a fast-approaching deadline set by plaintiffs.