Walters v. Rowley et al

Filing 13

ORDER: In accord with the Memorandum 12 filed this date; 1. Petrs § 2241 Petn 1 is GRANTED IN PART as to his request for an individualized bond hearing before an Immigration Judge.2. Petrs § 2241 Petn is DENIED IN PART as to his request for immediate release.3. The Immigration Judge shall afford Petr an individualized bond hearing within (21) DAYS of the date of this Order. At Petrs hearing, the ImmigrationJudge shall make an individualized inquiry into whether detention is still n ecessary for the purposes of ensuring the Petrs attendance at removal proceedings and that his release will not pose a danger to the community. 4. The Gvt bears the burden of presenting evidence at this hearing and proving that Petrs continued detent ion is necessary to fulfill the purposes of the detention statute. 5. The parties shall report to the Court on the outcome of the individualized bail determination NO LATER THAN (3) DAYS after the Immigration Judges hearing.6. The Court shall retain jurisdiction in this matter for the purpose of ensuring Petr receives the individualized bond hearing to which he is entitled pursuant to Chavez-Alvarez and this Order. Signed by Honorable William W. Caldwell on 2/6/17. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DWAYNE ANTHONY WALTERS,
Petitioner
v.
JOHN A. ROWLEY, et al.,
Respondents

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CIVIL NO. 1:CV-16-2361
(Judge Caldwell)

ORDER
AND NOW, this 6th day of February, 2017, upon consideration of Walters’
Petition for Writ of Habeas Corpus (ECF No. 1), it is ORDERED that:
1. Petitioner’s § 2241 Petition (ECF No. 1) is GRANTED IN
PART as to his request for an individualized bond hearing before
an Immigration Judge.
2. Petitioner’s § 2241 Petition (ECF No. 1) is DENIED IN
PART as to his request for immediate release.
3. The Immigration Judge shall afford Petitioner an
individualized bond hearing within TWENTY-ONE (21) DAYS of
the date of this Order. At Petitioner’s hearing, the Immigration
Judge shall make an individualized inquiry into whether detention
is still necessary for the purposes of ensuring the Petitioner’s
attendance at removal proceedings and that his release will not
pose a danger to the community. Chavez-Alvarez v. Warden
York Cty. Prison, 783 F.3d 469, 475 (3d Cir. 2015).
4. The Government bears the burden of presenting
evidence at this hearing and proving that Petitioner’s 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).

5. The parties shall report to the Court on the outcome of
the individualized bail determination NO LATER THAN THREE
(3) DAYS after the Immigration Judge’s hearing.
6. The Court shall retain jurisdiction in this matter for the
purpose of ensuring Petitioner receives the individualized bond
hearing to which he is entitled pursuant to Chavez-Alvarez and
this Order.

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

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