Perez-Catalan v. Doll et al
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|Date Filed||#||Document Text|
|December 15, 2017
ORDER ADOPTING REPORT AND RECOMMENDATIONS - 1. The Court ADOPTS the Report and Recommendation (Doc. No. 11), of Chief Magistrate Judge Schwab; 2. Petitioners petition for writ of habeas corpus seeking an individualized bond hearing submitted pursuant to 28 U.S.C. § 2241 (Doc. No. 1), is GRANTED; 3. An individualized bond hearing shall be conducted by an immigration judge within thirty (30) days of the date of this Order; 4. At this hearing, the immigration judge shall make an individualized inquiry into whether detention remains necessary to fulfill the purposes of ensuring that the Petitioner attends removal proceedings and that his release will not pose a danger to the community in accordance with Chavez-Alvarez v. Warden York Count y Prison, 783 F.3d 469, 475 (3d Cir. 2015); 5. At this hearing the government shall bear the burden of presenting evidence and proving that Petitioners continued detention is necessary to fulfill the purposes ofthe detention statute in accordance with Diop v. ICE Homeland Security, 656F.3d 221, 233 (3d Cir. 2011); and 6. The Clerk of Court is directed to CLOSE this case.Signed by Honorable Yvette Kane on 12/15/17. (pjr)
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