Nzemba v. Barr et al

Nzemba v. Barr et al

Case Number:	6:2019cv06299
Filed:	July 17, 2019
Court:	US District Court for the Western District of New York
Office:	Rochester Office
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federa

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Date Filed	Document Text
July 17, 2019	Filing 8 DECISION AND ORDER that the Petition for a writ of habeas corpus is granted to the extent that, within ten days of the date of entry of this Decision and Order, the Government shall bring Nzemba before an IJ for an individualized bond hearing. At tha t hearing, the Government shall bear the burden of proving, by clear and convincing evidence, that he is a flight risk. If the Government fails to provide Nzemba with such a bond hearing within ten days, the Government shall immediately release him. If the Government holds the required bond hearing but fails to prove, by clear and convincing evidence, that Nzemba is a flight risk, the Government must release him on bail with appropriate conditions. The Government is further ordered to provide a status report to this Court within five days following the completion of the bond hearing. (The Clerk of Court is directed to close this case and to send a copy of this Decision and Order by first class mail to Petitioner.). Signed by Hon. Michael A. Telesca on 7/17/19. (JMC)-CLERK TO FOLLOW UP-

Date Filed

Document Text

July 17, 2019

Filing 8 DECISION AND ORDER that the Petition for a writ of habeas corpus is granted to the extent that, within ten days of the date of entry of this Decision and Order, the Government shall bring Nzemba before an IJ for an individualized bond hearing. At tha t hearing, the Government shall bear the burden of proving, by clear and convincing evidence, that he is a flight risk. If the Government fails to provide Nzemba with such a bond hearing within ten days, the Government shall immediately release him. If the Government holds the required bond hearing but fails to prove, by clear and convincing evidence, that Nzemba is a flight risk, the Government must release him on bail with appropriate conditions. The Government is further ordered to provide a status report to this Court within five days following the completion of the bond hearing. (The Clerk of Court is directed to close this case and to send a copy of this Decision and Order by first class mail to Petitioner.). Signed by Hon. Michael A. Telesca on 7/17/19. (JMC)-CLERK TO FOLLOW UP-

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