Watkins v. Sabol

Watkins v. Sabol

Petitioner:	Al S. Watkins
Respondent:	Mary Sabol
Case Number:	3:2016cv01563
Filed:	July 28, 2016
Court:	US District Court for the Middle District of Pennsylvania
Office:	Scranton Office
County:	York
Presiding Judge:	CA
Presiding Judge:	Robert D. Mariani
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
April 24, 2017	Filing 22 ORDER 1. The petition for writ of habeas corpus (Doc. 1) is GRANTED in part to the extent that Petitioner will be afforded an individualized bond hearing.2. An Immigration Judge shall afford Petitioner an individualized bond hearing within fourteen ( 14) days of the date of this Order. 3. At the bond hearing, the Immigration Judge must make an individualized inquiry into whether detention is still necessary to fulfill the purposes of ensuring that the Petitioner attends removal proceedings and th at his release will not pose adanger to the community. Chavez-Alvarez v. Warden York Cnty. Prison, 783 F.3d 469, 475 (3d Cir. 2015). At this hearing, the Government bears the burden of presenting evidence and proving that continued detention is neces sary to fulfill the purposes of the detention statute. Diop v.ICE/Homeland Sec., 656 F.3d 221,233 (3d Cir. 2011). Further, the Immigration Judge shall consider Petitioner's request for a terminally-ill visit with his mother. 4. Within ten (10) d ays of the Immigration Judge's hearing, Respondent shall report to the District Court on the outcome of the individualized bond hearing.5. The Clerk of Court is directed to CLOSE this case. obertD.Signed by Honorable Robert D. Mariani on 4/24/17. (jfg)

Date Filed

Document Text

April 24, 2017

Filing 22 ORDER 1. The petition for writ of habeas corpus (Doc. 1) is GRANTED in part to the extent that Petitioner will be afforded an individualized bond hearing.2. An Immigration Judge shall afford Petitioner an individualized bond hearing within fourteen ( 14) days of the date of this Order. 3. At the bond hearing, the Immigration Judge must make an individualized inquiry into whether detention is still necessary to fulfill the purposes of ensuring that the Petitioner attends removal proceedings and th at his release will not pose adanger to the community. Chavez-Alvarez v. Warden York Cnty. Prison, 783 F.3d 469, 475 (3d Cir. 2015). At this hearing, the Government bears the burden of presenting evidence and proving that continued detention is neces sary to fulfill the purposes of the detention statute. Diop v.ICE/Homeland Sec., 656 F.3d 221,233 (3d Cir. 2011). Further, the Immigration Judge shall consider Petitioner's request for a terminally-ill visit with his mother. 4. Within ten (10) d ays of the Immigration Judge's hearing, Respondent shall report to the District Court on the outcome of the individualized bond hearing.5. The Clerk of Court is directed to CLOSE this case. obertD.Signed by Honorable Robert D. Mariani on 4/24/17. (jfg)

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Petitioner: Al S. Watkins
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Respondent: Mary Sabol
Represented By:	Kate Mershimer
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