Pensamiento v. McDonald et al
Samuel Pensamiento |
Joseph D. McDonald, Jr., Antone Moniz and Thomas Brophy |
John A. Hawkinson |
1:2018cv10475 |
March 12, 2018 |
US District Court for the District of Massachusetts |
Boston Office |
Plymouth |
Patti B. Saris |
Habeas Corpus - Alien Detainee |
28 U.S.C. ยง 2241 |
None |
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Filing 42 Chief Judge Patti B. Saris: MEMORANDUM AND ORDER entered. "The Court DENIES Respondents motion to dismiss (Docket No. 12). Counts I and II are dismissed as moot. With respect to Count III, the Court ALLOWS the habeas corpus petition, and OR DERS that Petitioner not be re-detained unless the immigration court holds a new custody hearing at which the government must prove that Pensamientos detention is necessary because he is dangerous or a flight risk. The Court dismisses Joseph D. McDonald, Jr., because Antone Moniz and Thomas Brophy are the appropriate respondents. " (Coppola, Katelyn) |
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