ADEKOYA v. GREEN

Filing 8

OPINION. Signed by Judge John Michael Vazquez on 12/4/17. (DD, ) N/M

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
____________________________________
:
OLUWASEUN ADEKOYA,
:
Civil Action No. 17-6106 (JMV)
:
Petitioner,
:
:
v.
:
OPINION
:
CHARLES GREEN,
:
:
Respondent.
:
____________________________________:
APPEARANCES:
Oluwaseun Adekoya
Essex County Correctional Facility
354 Doremus Ave.
Newark, NJ 07105
Petitioner, pro se
BRYAN K. LONEGAN
Office of Immigration Litigation
United States Attorney’s Office
970 Broad Street
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
August 12, 2017. (ECF No. 1.) He alleges a violation of his right to due process based on
prolonged pre-removal order detention in the custody of Immigration and Customs Enforcement
at Essex County Correctional Facility since January 25, 2016. (“ICE”). (Id. at 2-3.)
Respondent submitted a letter response to the petition on November 13, 2017. (ECF No.
6.) 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: December 4, 2017
At Newark, New Jersey
s/ John Michael Vazquez
JOHN MICHAEL VAZQUEZ
United States District Judge

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