Filing 8

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

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NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ____________________________________ : OLUWASEUN ADEKOYA, : Civil Action No. 17-6106 (JMV) : Petitioner, :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 2

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