Araujo-Cortes v. Shanahan et al
Jorge Araujo-Cortes |
Christopher Shanahan, Diane McConnell, Thomas Winkowski, Jeh Johnson, Eric Holder and U.S. Department of Homeland Security |
1:2014cv04231 |
June 11, 2014 |
US District Court for the Southern District of New York |
Foley Square Office |
New York |
Alvin K. Hellerstein |
Habeas Corpus - Alien Detainee |
28 U.S.C. ยง 2241 |
None |
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Filing 11 ORDER AND OPINION GRANTING PETITION FOR HABEAS CORPUS AND DIRECTING RESPONDENTS TO PROVIDE PETITIONER WITH AN INDIVIDUALIZED BOND HEARING: As set forth within, Araujo-Cortes' petition for habeas corpus is granted. The government's reliance on § 1226(c) as a reason for denying Araujo-Cortes' request for a bond hearing is in error. Congress did not intend for the statute to apply to individuals like him who are plucked out of the communities they have reintegrated into and his continued detention without an individualized hearing to determine whether he is a flight risk or a danger to the community is inconsistent with the United States Constitution. The Clerk of Court is directed to mark this case closed. SO ORDERED. (See Order). (Signed by Judge Alvin K. Hellerstein on 8/5/2014) (ajs) |
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