KARWEH v. GREEN
OPINION. Signed by Judge John Michael Vazquez on 4/24/17. (cm, )
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
Civil Action No. 16-8122 (JMV)
Essex County Correctional Facility
354 Doremus Ave.
Newark, NJ 07105
Petitioner, pro se
KRUTI D. DHARIA
Office of the U.S. Attorney
District of New Jersey
970 Broad Street, Suite 700
Newark, NJ 01701
LAUREN ELIZABETH FASCETT
U.S. Department of Justice
Office of Immigration Litigation
P.O. Box 868, Ben Franklin Station
Washington, D.C., 20044
On behalf of Respondent.
VAZQUEZ, United States District Judge
Petitioner filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 on
October 31, 2016. (ECF No. 1.) He alleges a violation of his right to due process based on
prolonged detention in the custody of Immigration and Customs Enforcement. (“ICE”). (Id.)
Petitioner is confined in Essex County Correctional Facility, and he has been in custody since
April 28, 2016. (Id., ¶2.)
Respondent submitted a letter response to the petition on March 10, 2017. (ECF No. 4.)
Respondent does not object to a remand ordering an Immigration Judge to provide Petitioner with
a bond hearing, in accordance with 8 C.F.R. § 1003.19(c). The Court will, therefore, grant the
habeas petition and order Respondent to provide Petitioner with a bond hearing. See ChavezAlvarez v. Warden York County Prison, 783 F.3d 469, 478 (3d Cir. 2015) (due process requires
that detention without bail pursuant to 8 U.S.C. § 1226(c) be limited to a reasonable period of time
to further the goals of the detention statute.)
An appropriate Order follows.
Date April 24, 2017
At Newark, New Jersey
s/ John Michael Vazquez
JOHN MICHAEL VAZQUEZ
United States District Judge
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