JOHNNY v. GREEN
OPINION. Signed by Judge John Michael Vazquez on 4/25/17. (DD, ) N/M
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
MICHEL HERVE JOHNNY,
Civil Action No. 17-364 (JMV)
MICHEL HERVE JOHNNY
Essex County Correctional Facility
354 Doremus Ave.
Newark, NJ 07105
Petitioner, pro se
DAVID V. SIMUNOVICH
Office of the U.S. Attorney
District of New Jersey
970 Broad Street, Suite 700
Newark, NJ 07102
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 1, 2017. (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 May 23, 2016.
(Id., at 2.)
Respondent submitted a letter response to the petition on March 1, 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 25, 2017
At Newark, New Jersey
s/ John Michael Vazquez
JOHN MICHAEL VAZQUEZ
United States District Judge
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