Yaovi v. Doll, 3:17-cv-2218. (2018)
Court: District Court, M.D. Pennsylvania
Number: infdco20180221d18
Visitors: 7
Filed: Jan. 18, 2018
Latest Update: Jan. 18, 2018
Summary: ORDER ROBERT D. MARIANI , District Judge . AND NOW, this 17 th day of January, 2018, for the reasons set forth in the Court's Memorandum of the same date, IT IS HEREBY ORDERED THAT: 1. The petition for writ of habeas corpus (Doc. 1) is GRANTED in part to the extent that Petitioner will be afforded an individualized bond hearing. 2. An Immigration Judge shall afford Petitioner an individualized bond hearing within thirty (30) days of the date of this Order. 3. At the bond heari
Summary: ORDER ROBERT D. MARIANI , District Judge . AND NOW, this 17 th day of January, 2018, for the reasons set forth in the Court's Memorandum of the same date, IT IS HEREBY ORDERED THAT: 1. The petition for writ of habeas corpus (Doc. 1) is GRANTED in part to the extent that Petitioner will be afforded an individualized bond hearing. 2. An Immigration Judge shall afford Petitioner an individualized bond hearing within thirty (30) days of the date of this Order. 3. At the bond hearin..
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ORDER
ROBERT D. MARIANI, District Judge.
AND NOW, this 17th day of January, 2018, for the reasons set forth in the Court's Memorandum of the same date, IT IS HEREBY ORDERED THAT:
1. The petition for writ of habeas corpus (Doc. 1) is GRANTED in part to the extent that Petitioner will be afforded an individualized bond hearing.
2. An Immigration Judge shall afford Petitioner an individualized bond hearing within thirty (30) days of the date of this Order.
3. At the bond hearing, the Immigration Judge must make an individualized inquiry into whether detention is still necessary to fulfill the purposes of ensuring that the Petitioner attends removal proceedings and that his release will not pose a danger to the community. Chavez-Alvarez v. Warden York Cnty. Prison, 783 F.3d 469, 475 (3d Cir. 2015). At this hearing, the Government bears the burden of presenting evidence and proving that continued detention is necessary to fulfill the purposes of the detention statute. Diop v. ICE/Homeland Sec., 656 F.3d 221, 233 (3d Cir. 2011).
4. Within ten (10) days of the Immigration Judge's hearing, Respondent shall report to the District Court on the outcome of the individualized bond hearing.
5. The Clerk of Court is further directed to CLOSE this case.
Source: Leagle
