Lewis v. Lowe
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|Date Filed||#||Document Text|
|September 29, 2017
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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