Mendoza-Ordonez v. Lowe et al
| Luis Javier Mendoza-Ordonez |
| Craig A. Lowe, Thomas R. Decker, Thomas S. Winkowski, Jeh Johnson and Loretta E. Lynch |
| 1:2016cv01777 |
| August 26, 2016 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Pike |
| William W. Caldwell |
| Karoline Mehalchick |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
51
ORDER: IT IS HEREBY ORDERED THAT:1.The R&R (Doc. 44) is NOT ADOPTED.2.The objections raised in Petitioners Objections to the Report and Recommendation (Doc. 45) are SUSTAINED to the extent set forth in the Courts Memorandum Opinion.3.Petitioners Mot ion for Attorneys Fees and Costs Pursuant to the Equal Access to Justice Act (Doc. 35) is GRANTED IN PART and DENIED IN PART:a.The Motion is GRANTED in that Petitioner is awarded EAJA fees and costs as of November 2, 2016;b.The Motion is DENIED as t o the period of August 21, 2016, through November 1, 2016.4.$19,596.49 in fees and costs are awarded to Brophy and Lenahan P.C. pursuant to 28 U.S.C. § 2412(d)(1)(A).5.The Clerk of Court is directed to close this case. Signed by Honorable Robert D. Mariani on 3/28/19 (jam)
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Filing
33
ORDER: In accord with the accompanying Memorandum 32 ; 1. The Report and Recommendation 22 is ADOPTED.2. For the reasons given in the memorandum accompanying this order, Petr Mendoza-Ordonezs objns 25 to the R and R are SUSTAINED, and Resps obj ns 23 to the R and R are OVERRULED.3. The petn for a writ of habeas corpus 1 is GRANTED as is consistent with the memorandum accompanying this order.4. Within (21) days of this order, an immigration judge shall afford Mendoza an individualized b ond hearing. (see order for details)5. The parties shall report to this court on the outcome of the individualized bond determination no later than (3) days after the immigration judges hearing and decision.6. If the immigration judge does not hold a n individualized bond hearing consistent with the legal benchmarks outlined in the memorandum accompanying this order and in the R and R, this court retains jurisdiction and may consider conducting its own bond determination under the standards governing bail in habeas corpus proceedings, at a date and location to be determined. Signed by Honorable William W. Caldwell on 7/26/17. (ma)
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