Ahmed v. Lowe et al
| Rasel Ahmed |
| Craig Lowe, Thomas R. Decker, Jacqueline Osterlind, Thomas S. Winkowaski and Jeh Charles Johnson |
| 3:2016cv02082 |
| October 17, 2016 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Pike |
| CA |
| Robert D. Mariani |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 |
| None |
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| Document Text |
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Filing
17
ORDER DISMISSING CASE. 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 hearin g 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 that his release will not pose a danger 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 continue d detention is necessary to fulfill the purposes of the detention statute. Diop v. /CE/Homeland Sec., 656 F.3d 221, 233 (3d Cir. 2011). 4. Within ten (10) days of the Immigration Judge's hearing, Respondents 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.Signed by Honorable Robert D. Mariani on 5/31/2017. (bg)
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