Swarray v. Lowe et al
| Alie Swarray |
| Craig A. Lowe, Thomas R. Decker, Sarah Saldana, John F. Kelly and Jeff Sessions |
| 1:2017cv00970 |
| June 5, 2017 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Pike |
| Sylvia H. Rambo |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
13
ORDER (memorandum filed previously as separate docket entry) re 6 REPORT AND RECOMMENDATIONS to 1 Petition for Writ of Habeas Corpus filed by Alie Swarray, ORDER ADOPTING REPORT AND RECOMMENDATIONS for 6 Report and Recommendations. AND N OW, this 18th day of August, 2017, IT IS HEREBY ORDERED as follows: 1) The report and recommendation is ADOPTED. 2) The petitioners petition for writ of habeas corpus (Doc. 1) is GRANTED IN PART to the extent that the petitioner should be afforded an individualized bond hearing. 3) Within 30 days, an immigration judge is directed to afford the petitioner an individualized bail hearing. At this hearing, the immigration judge must make an individualized inquiry into whether detention is still nece ssary for the purposes of ensuring that the petitioner attends removal proceedings and that his release will not pose a danger to the community. Further, the government bears the burden of presenting evidence at this hearing and proving that the peti tioners 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). 4) The parties should report to the District Court on the outcome of the individualized bail determination no later than three days after the immigration judges hearing. Signed by Honorable Sylvia H. Rambo on 8/18/17. (pw)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Pennsylvania Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
