Falodun v. Session et al
Bright Falodun |
Jeff Session, Walter M. Ingram, Thomas E. Feeley, Sean Callagher, Todd Tryon, Schrader and J. Klaybor |
6:2018cv06133 |
February 12, 2018 |
US District Court for the Western District of New York |
Rochester Office |
Genesee |
Charles J. Siragusa |
Habeas Corpus - Alien Detainee |
28 U.S.C. ยง 2241 |
None |
Available Case Documents
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Document Text |
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Filing 23 DECISION AND ORDER conditionally granting 1 Petition for Writ of Habeas Corpus filed by Bright Falodun. Within ten (10) days of the date of entry of this Decision and Order, the Government shall bring Falodun before an Immigration Judge for an i ndividualized bond hearing at which the Government shall bear the burden of proving, by clear and convincing evidence, that he is a flight risk or danger to the community, and that no less restrictive alternatives to physical detention can reasonably address the Governments legitimate interests in detention. If the Government fails to provide Falodun with such a bond hearing within ten (10) calendar days, the Government shall immediately release him. If the Government holds the required bond hea ring but fails to carry its burden of proof as stated above, the Government must release Falodun on bond with appropriate conditions. The Government is further ordered to provide a status report to this Court within five (5) calendar days following the completion of the bond hearing, along with a copy of the IJs bond decision.. Signed by Hon. Michael A. Telesca on 12/04/2019. (AFB)-CLERK TO FOLLOW UP-The Clerk of Court is directed to close this case. |
Filing 2 ORDER that within 45 days of the service of this order respondent shall file and serve an answer with memo of law to the petition; petitioner has 25 days upon receipt of the answer to file a written response to the answer and memo of law (or motion to dismiss); the clerk of Court shall serve a copy of the petition together with a copy of this order by certified mail upon the following: (see order for full details). Signed by Hon. Charles J. Siragusa on 2/27/18. (TF) |
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