Rosario v. Prindle et al

Filing 27

ORDER: 1) The objections to the 23 Report and Recommendation are overruled; 2) Report and Recommendation is adopted as the findings of fact and conclusions of law of this Court; 3) The Respondents' motion to dismiss 19 is d enied; 4) The Petitioner's petition for writ of habeas corpus is granted in part to the extent he requests the Immigration Court hold an individualized bond hearing; and denied in part as to his request for immediate release an d for an award of atty's fees; and 5) This matter is hereby remanded to the Immigration Court to provide Petitioner an individualized bond hearing w/in 14 days of the date of this Order. Signed by Judge William O. Bertelsman on 1/4/2012. (ECO)cc: COR, cc of Order mailed this date to United States Immigration Court, 536 S. Clark St., Room B-1320/1330, Chicago, IL 60605. Modified to add cc on 1/4/2012 (ECO).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
NORTHERN DIVISION
AT COVINGTON

CIVIL ACTION NO. 2011-217 (WOB-CJS)
MANUEL DE JESUS FAMILIA ROSARIO
VS.

PETITIONER

ORDER

EDWARD PRINDLE, In his official
Capacity as Elected Jailer for the
Boone County Jail;
SHERIFF MICHAEL A. HELMIG, In his
Official capacity as Sheriff of
Boone County, Kentucky;
RICARDO WONG, In his official
Capacity as Kentucky Field Office
Director, United States Immigration
And Customs Enforcement;
JANET NAPOLITANO, In her official
Capacity as Secretary of the
U.S. Department of Homeland Security;
AND
ERIC HOLDER, In his official
Capacity as Attorney General of
United States of America

RESPONDENTS

This matter is before the Court on the Report and
Recommendation of the United States Magistrate Judge (Doc. #23),
the respondents’ objections filed thereto (Doc. #25), and
petitioner’s response to such objections (Doc. #26), and the
court being sufficiently advised,
IT IS ORDERED that the objections to the Report and
Recommendation of the Magistrate Judge be, and they are, hereby
overruled; that the Report and Recommendation be, and it hereby

is, adopted as the findings of fact and conclusions of law of
this Court; that respondents’ motion to dismiss be, and it
hereby is, denied; that the petitioner’s petition for writ of
habeas corpus be, and it hereby is, granted in part to the
extent he requests the Immigration Court hold an individualized
bond hearing, pursuant to 8 U.S.C. Section 1226(a); and denied
in part as to his request for immediate release and for an award
of attorney’s fees; and that this matter is hereby remanded to
the Immigration Court to provide Petitioner an individualized
bond hearing, pursuant to 8 U.S.C. Section 1226(a) within
fourteen (14) days of the date of this Order.
This 4th day of January, 2012.