Guardado-Quevara v. Lynch et al

Filing 19

ORDER - The Magistrate Judge's 17 Report and Recommendation is accepted and adopted by the Court. Petitioner Guardao-Quevara's Verified Petition for Writ of Habeas Corpus is granted and the respondents shall provide the petitioner with a bond hearing no later than August 19, 2016. Signed by Senior Judge Paul G Rosenblatt on 8/1/2016. (ATD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Santos Antonio Guardado-Quevara,
Petitioner,

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vs.
Loretta E. Lynch, et al.,
Respondents.

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No. CV-16-00800-PHX-PGR (JZB)
ORDER

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Having reviewed de novo the Report and Recommendation of Magistrate

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Judge Boyle notwithstanding that no party has filed an objection to the Report and

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Recommendation, the Court finds that the Magistrate Judge correctly determined

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that the petitioner is entitled to an individualized bond hearing before an immigration

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judge for a determination as to whether the Government can establish that the

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petitioner should remain in detention because he poses a risk of flight or is a danger

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to the community. See Rodriguez v. Robbins, 804 F.3d 1060 (9th Cir.2015); Diouf v.

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Napolitano, 634 F.3d 1081 (9th Cir.2011). Therefore,

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IT IS ORDERED that the Magistrate Judge’s Report and Recommendation
(Doc. 17) is accepted and adopted by the Court.
IT IS FURTHER ORDERED that petitioner Guardao-Quevara’s Verified

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Petition for Writ of Habeas Corpus is granted and that the respondents shall provide

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the petitioner with a bond hearing no later than August 19, 2016.

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DATED this 1st day of August, 2016.

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