Ignacio v. Sabol et al

Filing 46

MEMORANDUM (Order to follow as separate docket entry) - IT IS ORDERED that 1)Petnr's Motion to reopen or reconsider is DISMISSED as moot. 2)Petnr's mtn to enforce is GRANTED. 26 25 24 An individualized bond hearing is set for 1/26/2017 at 10:00 AM in Harrisburg before Honorable William W. Caldwell. The court conditionally orders the appointment of counsel to represent Petitioner in this civil matter pursuant to 28 U.S.C. § 1915(e)(1). The Clerk of Court is directed to forward a copy of this order and a copy of the accompanying memorandum opinion to the pro bono chair of the MDPA Chapter of the Federal Bar Association. Within twenty (20) days of the date of this order, the pro bono chair shall notify the court in writing whether a volunteer attorney will enter an appearance on behalf of Petitioner. (cc: James P. DeAngelo, Esquire) Signed by Honorable William W. Caldwell on 12/23/16. (sc)

UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA

RAFAEL IGNACIO GUERRERO
SANCHEZ,
Petitioner
v.
MARY SABOL, et al.,
Respondents

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: CASE NO. 1:15-CV-2423
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ORDER
AND NOW, this 23rd day of December, 2016, upon consideration of
Petitioner’s motions (Docs. 25, 26), and in accord with the accompanying memorandum
opinion, it is ORDERED as follows:
(1) Petitioner’s motion to reopen or reconsider (Doc. 25) is
DISMISSED as moot.
(2) Petitioner’s motion to enforce (Doc. 26) is GRANTED.
(3) An individualized bond hearing, pursuant to the legal
requirements outlined in the accompanying memorandum
opinion, shall be held before this court on Thursday, January 26,
2017, at 10:00 a.m., Courtroom Number TBD, United States
Courthouse, 228 Walnut Street, Harrisburg, Pennsylvania. At this
hearing, the government shall have the burden to show, by clear
and convincing evidence, that Petitioner’s continued detention is
necessary to fulfill the purposes of the detention statute—8 U.S.C.
§ 1226.
(4) The court conditionally orders the appointment of counsel to
represent Petitioner in this civil matter pursuant to 28 U.S.C.
§ 1915(e)(1). See Parham v. Johnson, 126 F.3d 454 (3d Cir.
1997); Tabron v. Grace, 6 F.3d 147 (3d Cir. 1993). If counsel
cannot be found to represent the pro se Petitioner, this conditional
order appointing counsel will be revoked, and Petitioner will be
required to proceed in this matter without counsel.

(5) The Clerk of Court is directed to forward a copy of this order
and a copy of the accompanying memorandum opinion to the pro
bono chair of the Middle District of Pennsylvania Chapter of the
Federal Bar Association.
(6) Within twenty (20) days of the date of this order, the pro bono
chair of the Middle District of Pennsylvania Chapter of the Federal
Bar Association shall notify the court in writing whether a
volunteer attorney will enter an appearance on behalf of
Petitioner.

/s/ William W. Caldwell
William W. Caldwell
United States District Judge

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