Pan v. Sessions et al
OPINION and ORDER: For the reasons set forth above, the petition is granted to the extent it requires Respondents to provide Pan a prompt individualized bail hearing before an immigration judge. There, Pan "must be admitted to bail unless the go vernment establishes by clear and convincing evidence that the immigrant poses a risk of flight or a risk of danger to the community." Lora, 804 F.3d at 616. Respondents are to provide Pan with an individualized bond hearing within two weeks of this Opinion and Order. (As further set forth in this Order.) (Signed by Judge Robert W. Sweet on 2/7/2018) (cf) Modified on 2/8/2018 (cf).
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SING FON PAN (a/k/a XIN FENG PAN),
-againstJEFFERSON BEAUREGARD SESSIONS III, et al.,
Attorney for Petitioner
THE LAW OFFICE OF THEODORE N. COX
325 Broadway, Suite 201
New York, NY 10007
Theodore N. Cox, Esq.
Attorneys for Respondents
GEOFFREY S. BERMAN
United States Attorney
Southern District of New York
86 Chambers Street, 3rd Floor
New York, NY 10007
Brandon M. Waterman, Esq.
17 Civ. 9758
Petitioner Sing Fon Pan ("Pan" or the "Petitioner"), a
native of China, has been detained in Immigration and Customs
custody pursuant to 8 U.S. C.
122 5 (b) ( 2) (A)
since May 17, 2017. Pan has petitioned for a writ of habeas
corpus under 28 U.S.C. § 2241 et seq.,
requesting that his
continued detention be found unlawful and that Respondents be
ordered to release Pan or, in the alternative, to provide Pan
with an individualized bond hearing before an immigration judge.
For the reasons set forth below, the petition is granted to
the extent that Respondents are required to hold an
individualized bond hearing for Pan within two weeks.
Pan is a 37-year-old Chinese native and citizen who arrived
at Newark International Airport in October 1998 and sought entry
into the United States without a valid passport. Pet.
Resp'ts' Mem. of Law in Opp.
2. That same day, Pan was paroled into the United States. Pet.
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