Bruce v. Sabol et al
| Rondell Bruce |
| Mary Sabol, Thomas R. Decker, Sarah Saldana, Jeh Johnson and Loretta Lynch |
| 1:2016cv01797 |
| August 29, 2016 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| York |
| William W. Caldwell |
| Karoline Mehalchick |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 |
| None |
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Filing
6
ORDER ADOPTING REPORT AND RECOMMENDATIONS 4 as follows. 1. Petrs § 2241 petn is GRANTED IN PART as to his request for an individualized bond hearing before an Immigration Judge.2. Petrs § 2241 petn is DENIED IN PART as to his request for immediate release.3. The Immigration Judge shall afford Petr an individualized bond hearing within (21) DAYS of the date of this Order. At this hearing, the Immigration Judge shall make an individualized inquiry into whether detention is still necess ary for the purposes of ensuring that the Petr attends removal proceedings and that his release will not pose a danger to the community. Chavez-Alvarez v. Warden York Cty. Prison, 783 F.3d 469, 475 (3d Cir. 2015).4. The Gvt bears the burden of presen ting evidence at this hearing and proving that Petrs continued detention is necessary to fulfill the purposes of the detention statute. Diop v. ICE/Homeland Sec., 656 F.3d 221, 233 (3d Cir. 2011).5. The parties shall report to the Court on the outcom e of the individualized bail determination NO LATER THAN THREE (3) DAYS after the Immigration Judges hearing.6. The Court shall retain jurisdiction in this matter for the purpose of ensuring that Petr receives the individualized bond hearing to which he is entitled pursuant to Chavez-Alvarez and this Order.7. If the Immigration Judge does not hold an individualized bond hearing consistent with the legal benchmarks outlined in this Order, the Court will conduct 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 11/4/16. (ma)
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