Gonzalez-Espinoza v. Cambria County Prison, et al
| Miguel Gonzalez-Espinoza |
| Cambria County Prison, Christian Smith, U.S. Immigration and Customs Enforcement, Jennifer Ritchey, U.S. ICE, Thomas Homan, Department of Homeland Security, John Kelly, U.S. Department of Homeland Security, U.S. Department of Justice, Jefferson Session and Attorney General |
| 3:2017cv00661 |
| April 12, 2017 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| York |
| Malachy E Mannion |
| Karoline Mehalchick |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 |
| None |
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Filing
11
ORDER ADOPTING REPORT AND RECOMMENDATIONS ; adopting 8 Report and Recommendations.(1)The report and recommendation of Judge Mehalchick, (Doc. 8), is ADOPTED;(2)Petitioner Gonzalez-Espinozas habeas petition, (Doc. 1), is GRANTED IN PART to the exte nt that it seeks an individualized bond hearing;(3)An individualized bond hearing shall be conducted by an Immigration Judge within thirty (30) days of the date of this Order;(4)At the bond hearing, the government shall bear the burden of demonstrati ng that Gonzalez-Espinozas continued detention is still necessary to fulfill the purposes of ensuring that he attends removal proceedings and that his release will not pose a danger to the community under Diop v. ICE/Homeland Sec., 656 F.3d 221, 231-33 (3d Cir. 2011);(5)The clerk of court is directed to close this case. Signed by Honorable Malachy E Mannion on 6/15/17. (bs)
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