Mendoza-Ordonez v. Lowe et al

Filing 33

ORDER: In accord with the accompanying Memorandum 32 ; 1. The Report and Recommendation 22 is ADOPTED.2. For the reasons given in the memorandum accompanying this order, Petr Mendoza-Ordonezs objns 25 to the R and R are SUSTAINED, and Resps obj ns 23 to the R and R are OVERRULED.3. The petn for a writ of habeas corpus 1 is GRANTED as is consistent with the memorandum accompanying this order.4. Within (21) days of this order, an immigration judge shall afford Mendoza an individualized b ond hearing. (see order for details)5. The parties shall report to this court on the outcome of the individualized bond determination no later than (3) days after the immigration judges hearing and decision.6. If the immigration judge does not hold a n individualized bond hearing consistent with the legal benchmarks outlined in the memorandum accompanying this order and in the R and R, this court retains jurisdiction and may consider conducting its own bond determination under the standards governing bail in habeas corpus proceedings, at a date and location to be determined. Signed by Honorable William W. Caldwell on 7/26/17. (ma)

UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA

LUIS JAVIER MENDOZA-ORDONEZ,
Petitioner
v.
CRAIG A. LOWE, et al.,
Respondents

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CASE NO. 1:16-CV-1777

ORDER
AND NOW, this 26th day of July, 2017, upon consideration of Magistrate
Judge Karoline Mehalchick’s thorough and well-reasoned Report and Recommendation
(Doc. 22), and the parties’ objections (Docs. 23 & 25) thereto, and, upon independent
review of the record, and in accord with the accompanying memorandum, it is ORDERED
that:
1. The Report and Recommendation is ADOPTED, as modified
by the memorandum accompanying this order.
2. For the reasons given in the memorandum accompanying
this order, Petitioner Luis Javier Mendoza-Ordonez’s
objections (Doc. 25) to the Report and Recommendation are
SUSTAINED, and Respondents’ objections (Doc. 23) to the
Report and Recommendation are OVERRULED.
3. The petition for a writ of habeas corpus (Doc. 1) is
GRANTED as is consistent with the memorandum
accompanying this order. 1
4. Within twenty-one (21) days of this order, an immigration
judge shall afford Mendoza an individualized bond hearing.
At this hearing, the immigration judge must make an
individualized inquiry into whether detention is still necessary
for the purposes of ensuring that Mendoza attends his
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We recognize that among the relief requested by Petitioner in the Petition for Writ of
Habeas Corpus is any counsel fees and costs that may be appropriate, as is consistent with the
Equal Access to Justice Act, 28 U.S.C. § 2412. (See Doc. 1 at 21). The court will reserve
decision on this requested relief until after Petitioner’s bond hearing, at which time the issue may
be further briefed by the parties to Magistrate Judge Mehalchick.

withholding of removal proceedings and that his release will
not pose a danger to the community. See Chavez- Alvarez v.
Warden York Cty. Prison, 783 F.3d 469, 475 (3d Cir. 2015).
Further, the government bears the burden of proving by clear
and convincing evidence at this hearing that Mendoza’s
continued detention is necessary to fulfill the purposes of the
detention statute. See Diop v. ICE/Homeland Sec., 656 F.3d
221, 233 (3d Cir. 2011); see also Guerrero Sanchez v. Sabol,
No. 1:15-CV-2423, 2017 WL 569176, at *2 (M.D. Pa. Feb.
13, 2017) (Caldwell, J.).
5. The parties shall report to this court on the outcome of the
individualized bond determination no later than three (3) days
after the immigration judge’s hearing and decision.
6. If the immigration judge does not hold an individualized bond
hearing consistent with the legal benchmarks outlined in the
memorandum accompanying this order and in the Report and
Recommendation, this court retains jurisdiction and may
consider conducting its own bond determination under the
standards governing bail in habeas corpus proceedings, at a
date and location to be determined.

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

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