JACKSON- JIMINEZ v. GREEN

Filing 5

OPINION. Signed by Judge John Michael Vazquez on 3/29/2017. (ld, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
____________________________________
:
KENDALL JACKSON JIMINEZ,
:
Civil Action No. 17-293 (JMV)
:
Petitioner,
:
:
v.
:
OPINION
:
CHARLES L. GREEN,
:
:
Respondent.
:
____________________________________:
APPEARANCES:
MIKHAIL USHER
Usher Law Group, PC
2711 Harway Avenue
Brooklyn, NY 11214
On behalf of Petitioner
MARK CHRISTOPHER ORLOWSKI
Office of the U.S. Attorney
District of New Jersey
970 Broad Street, Suite 700
Newark, NJ 01701
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
January 16, 2017. (ECF No. 1.) He alleges a violation of his right to due process based on
prolonged pre-final removal order 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 May 19, 2016. (Id., ¶10.)
Respondent submitted a letter response to the petition on March 27, 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: March 29, 2017
At Newark, New Jersey
s/ John Michael Vazquez
JOHN MICHAEL VAZQUEZ
United States District Judge

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