Shire v. Decker et al
| Sanbur Agole Shire |
| Thomas R. Decker, John P. Torres, Janet Napolitano, Eric Holder and Warden, York County Prison |
| 1:2017cv01984 |
| October 30, 2017 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Outside State |
| RM |
| Sylvia H. Rambo |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
21
ORDER (memorandum filed previously as separate docket entry) - AND NOW, this 23rd day of January 2018, in accordance with the accompanying Memorandum, IT IS ORDERED THAT: 1. Petitioner Sanbur Agole Shires petition for writ of habeas corpus pursuant t o 28 U.S.C. § 2241 (Doc. No. 3), is GRANTED IN PART tothe extent that Petitioner shall be afforded an individualized bond hearingbefore an immigration judge within thirty (30) days of the date of thisOrder; 2. At the bond hearing, the immigratio n 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); and 3. The Clerk of Court shall CLOSE this case.Signed by Honorable Sylvia H. Rambo on 1/23/18. (dmn)
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