SINGH v. TAYLOR, 17-11816 (JMV). (2017)
Court: District Court, D. New Jersey
Number: infdco20171214f34
Visitors: 12
Filed: Dec. 13, 2017
Latest Update: Dec. 13, 2017
Summary: NOT FOR PUBLICATION OPINION JOHN MICHAEL VAZQUEZ , District Judge . Petitioner filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 on November 20, 2017. (ECF No. 1.) He alleges a violation of his right to due process based on prolonged detention in the custody of Immigration and Customs Enforcement at Hudson County Correctional Center since February 3, 2017. ("ICE"). ( Id. at 2.) Respondent submitted a letter response to the petition on December 12, 2017. (ECF No. 4.
Summary: NOT FOR PUBLICATION OPINION JOHN MICHAEL VAZQUEZ , District Judge . Petitioner filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 on November 20, 2017. (ECF No. 1.) He alleges a violation of his right to due process based on prolonged detention in the custody of Immigration and Customs Enforcement at Hudson County Correctional Center since February 3, 2017. ("ICE"). ( Id. at 2.) Respondent submitted a letter response to the petition on December 12, 2017. (ECF No. 4.)..
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NOT FOR PUBLICATION
OPINION
JOHN MICHAEL VAZQUEZ, District Judge.
Petitioner filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 on November 20, 2017. (ECF No. 1.) He alleges a violation of his right to due process based on prolonged detention in the custody of Immigration and Customs Enforcement at Hudson County Correctional Center since February 3, 2017. ("ICE"). (Id. at 2.)
Respondent submitted a letter response to the petition on December 12, 2017. (ECF No. 4.) Respondent does not object to a remand ordering an Immigration Judge to provide Petitioner with a bond hearing, in accordance with 8 C.F.R. § 1003.19(c). The Court will, therefore, grant the habeas petition and order Respondent to provide Petitioner with a bond hearing. See Chavez-Alvarez v. Warden York County Prison, 783 F.3d 469, 478 (3d Cir. 2015) (due process requires that detention without bail pursuant to 8 U.S.C. § 1226(c) be limited to a reasonable period of time to further the goals of the detention statute.)
An appropriate Order follows.
Source: Leagle
