Gonzalez v. Barr et al

Gonzalez v. Barr et al

Case Number:	1:2019cv00519
Filed:	July 10, 2019
Court:	US District Court for the Western District of New York
Office:	Buffalo Office
Nature of Suit:	Habeas Corpus - Alien Detainee
Cause of Action:	28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federa

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Date Filed	Document Text
July 10, 2019	Filing 12 DECISION AND ORDER conditionally granting 1 Petition for Writ of Habeas Corpus. Within fourteen calendars days of the date of this decision and order, the government must release Rosado Valerio from detention unless a neutral decision maker conduc ts an individualized hearing to determine whether her continued detention is justified. At any such hearing, the government has the burden of demonstrating by clear and convincing evidence that Rosado Valerio's continued detention is necessary to serve a compelling regulatory purpose, such as protecting against danger to the community or risk of flight. Whether detention is necessary to serve a compelling regulatory purpose requires consideration of whether a less restrictive alternative to detention would also address the government's interests. In other words, the decision maker must find that no condition or combination of conditions of release can reasonably ensure that Rosado Valerio's appearance and the safety of the community or any persons--that is, even with conditions, Rosado Valerio presents an identified and articulable risk of flight or threat to an individual or the community. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 7/10/2019. Chambers mailed a copy of this decision and order to pro se plaintiff on 7/10/2019. (AMD)

Date Filed

Document Text

July 10, 2019

Filing 12 DECISION AND ORDER conditionally granting 1 Petition for Writ of Habeas Corpus. Within fourteen calendars days of the date of this decision and order, the government must release Rosado Valerio from detention unless a neutral decision maker conduc ts an individualized hearing to determine whether her continued detention is justified. At any such hearing, the government has the burden of demonstrating by clear and convincing evidence that Rosado Valerio's continued detention is necessary to serve a compelling regulatory purpose, such as protecting against danger to the community or risk of flight. Whether detention is necessary to serve a compelling regulatory purpose requires consideration of whether a less restrictive alternative to detention would also address the government's interests. In other words, the decision maker must find that no condition or combination of conditions of release can reasonably ensure that Rosado Valerio's appearance and the safety of the community or any persons--that is, even with conditions, Rosado Valerio presents an identified and articulable risk of flight or threat to an individual or the community. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 7/10/2019. Chambers mailed a copy of this decision and order to pro se plaintiff on 7/10/2019. (AMD)

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