Brevil v. Jones et al
| Pelege Brevil |
| Kenneth T. Jones, Jeh Johnson, Christopher Shanahan and William Joyce |
| 1:2017cv01529 |
| February 27, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Colleen McMahon |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 |
| None |
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Filing
55
MEMORANDUM OPINION AND ORDER adopting in part Report and Recommendation for 23 Report and Recommendations. For the foregoing reasons, Brevil's Petition is granted to the extent that the Court finds that Brevil is entitled to a new indivi dualized bond hearing at which the Government bears the burden of proving by clear and convincing evidence that Brevil poses a risk of flight or a danger to the community. Respondents are directed to provide Brevil with such a bond hearing within 1 4 days of date of entry of this Memorandum Opinion and Order. The Petition is denied in all other respects. The Courts adopts the factual recitation set forth in the Report, and adopts the Report's conclusion that Brevil is excused from exhaust ing his administrative remedies. The Court declines to adopt the Report in all other respects. Respondents' Objection is overruled. This Memorandum Opinion and Order resolves docket entry no. 1. The Clerk of Court is respectfully directed to enter judgment accordingly, and close this case. (Signed by Judge Laura Taylor Swain on 11/14/2018) (anc) Transmission to Orders and Judgments Clerk for processing.
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