Filing 8

OPINION. Signed by Judge John Michael Vazquez on 2/7/2017. (JB, )

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NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY FREDERIC CENILUS, Petitioner, v. CHARLES GREEN, Respondent. : : : Civil Action No. 16-7389 (JMV) : : : OPINION : : : : : APPEARANCES: Frederic Cenilus 354 Doremus Avenue Newark, NJ 07105 Acting pro se Durwood Heinrich Riedel U.S. Department of Justice, Civil Division P.O. Box 868 Washington, DC 20044 On behalf of Respondent VAZQUEZ, District Judge This matter comes before the Court upon Petitioner’s Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241. (ECF No. 1.) Petitioner has been in detention pursuant to 8 U.S.C. § 1226(c), detention of a criminal alien pending removal proceedings, since April 4, 2016. (Id.) Respondent filed a letter response asserting that Respondent does not object to the Court entering an order remanding this matter to the Immigration Court for a bond hearing under 8 C.F.R. § 1003.19(c). (ECF No. 6.) Petitioner is entitled to a bond hearing pursuant to ChavezAlvarez v. Warden York County Prison, 783 F.3d 469, 478 (3d Cir. 2015) (holding the Due Process Clause limits the Government’s authority to detain an alien under 8 U.S.C. § 1226(c) without a bond hearing because, as the length of detention grows, the burden on the alien’s liberty outweighs any justification for detention without consideration of bond.) The appropriate relief is to order a bond hearing before an Immigration Judge. See Chavez-Alvarez, 783 F.3d at 477 n. 12. An appropriate Order follows. DATED: February 7, 2017 At Newark, New Jersey s/ John Michael Vazquez JOHN MICHAEL VAZQUEZ United States District Judge 2

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