Elanany v. Lowe et al
Filing
15
ORDER (Memorandum 14 filed previously as separate docket entry) GRANTING petition for writ of h/c 1 to extent Elanany will be afforded an individual bond hearing, directing that an Immigration Judge shall afford Elanany an indiv bond hearing w/in 14 days of this order, setting forth instructions re: Immigration Judge's inquiry & gov't's burdent @ said hearing (see Para 3 for specific details), directing respondent to report to District Court w/in 10 days of Immigration Judge's hearing the outcome of indiv bond hearing, & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 5/2/17. (ki)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
HASSAN ELANANY,
Petitioner
v.
CRAIG A. LOWE, et al.,
Respondents
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CIVIL NO. 1:16-CV-1989
(Chief Judge Conner)
ORDER
AND NOW, this 2nd day of May, 2017, upon consideration of the petition for
writ of habeas corpus, and for the reasons set forth in the court’s memorandum of
the same date, IT IS HEREBY ORDERED THAT:
1.
The petition for writ of habeas corpus (Doc. 1) is GRANTED in part to
the extent that Elanany will be afforded an individualized bond
hearing.
2.
An Immigration Judge shall afford Elanany an individualized bond
hearing within fourteen (14) days of the date of this order.
3.
At the bond hearing, the Immigration Judge must make an
individualized inquiry into whether detention is still necessary to fulfill
the purposes of ensuring that Elanany attends removal proceedings
and that his release will not pose a danger to the community. ChavezAlvarez v. Warden York Cnty. Prison, 783 F.3d 469, 475 (3d Cir. 2015).
At this hearing, the Government bears the burden of presenting
evidence and proving that continued detention is necessary to fulfill
the purposes of the detention statute. Diop v. ICE/Homeland Sec., 656
F.3d 221, 233 (3d Cir. 2011).
4.
Within ten (10) days of the Immigration Judge’s hearing, respondent
shall report to the District Court on the outcome of the individualized
bond hearing.
5.
The Clerk of Court is directed to CLOSE this case.
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania
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