Lewis v. Lowe

Lewis v. Lowe

Petitioner:	Reynard Kevon Lewis
Respondent:	Craig A. Lowe
Case Number:	1:2017cv01386
Filed:	August 7, 2017
Court:	US District Court for the Middle District of Pennsylvania
Office:	Harrisburg Office
County:	Pike
Presiding Judge:	RM
Presiding Judge:	Yvette Kane
Nature of Suit:	Habeas Corpus - Alien Detainee
Cause of Action:	28 U.S.C. § 2241
Jury Demanded By:	None

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Date Filed	Document Text
September 29, 2017	Filing 11 ORDER (memorandum filed previously as separate docket entry)IT IS ORDERED THAT:1. Petitioner Reynard Kevon Lewis petition 1 for writ of habeas corpus pursuant to 28 U.S.C. § 2241 is GRANTED insofar as Petitioner shall be afforded an individual ized bond hearing before an immigration judge within thirty (30) days of the date of this Order; 2. At the bond hearing, the immigration judge must make an individualized inquiry into whether detention is still necessary for purposes of ensuring that Petitioner attends removal proceedings and that his release will not pose a danger to the community. ChavezAlvarez v. Warden York Cnty. Prison, 783 F.3d 469, 475 (3d Cir. 2015). Further, the government bears the burden of demonstrating that Petitioners 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); and3. The Clerk of Court shall CLOSE this case. Signed by Honorable Yvette Kane on 9/29/17. (rw)

Date Filed

Document Text

September 29, 2017

Filing 11 ORDER (memorandum filed previously as separate docket entry)IT IS ORDERED THAT:1. Petitioner Reynard Kevon Lewis petition 1 for writ of habeas corpus pursuant to 28 U.S.C. § 2241 is GRANTED insofar as Petitioner shall be afforded an individual ized bond hearing before an immigration judge within thirty (30) days of the date of this Order; 2. At the bond hearing, the immigration judge must make an individualized inquiry into whether detention is still necessary for purposes of ensuring that Petitioner attends removal proceedings and that his release will not pose a danger to the community. ChavezAlvarez v. Warden York Cnty. Prison, 783 F.3d 469, 475 (3d Cir. 2015). Further, the government bears the burden of demonstrating that Petitioners 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); and3. The Clerk of Court shall CLOSE this case. Signed by Honorable Yvette Kane on 9/29/17. (rw)

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Petitioner: Reynard Kevon Lewis
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Respondent: Craig A. Lowe
Represented By:	Timothy Judge
Represented By:	Kate Mershimer(Designation Assistant US Attorney)
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