Lopez v. Sabol et al

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS - IT IS ORDERED THAT:1. The Court ADOPTS the Report and Recommendation 6 of Magistrate Judge Mehalchick; 2. Petitioner Jarvin Lopezs petition for writ of habeas corpus 1 pursuant to 28 U.S.C. § 2241 is GRANTED; 3. Petitioner shall be afforded an individualized bond hearing before an immigration judge within thirty (30) days of the date of this Order... 5. Petitioners motion 5 for entry of order is DENIED AS MOOT; and 6. The Clerk is directed to CLOSE this case.Signed by Honorable Yvette Kane on 5/23/17. (rw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JARVIN LOPEZ,
Petitioner
v.
WARDEN CRAIG A. LOWE,
Respondent

:
:
:
:
:
:
:

No. 1:16-cv-02463
(Judge Kane)
(Magistrate Judge Mehalchick)

ORDER
Before the Court is the May 8, 2017 Report and Recommendation of Magistrate Judge
Mehalchick. (Doc. No. 6.) No timely objections have been filed. ACCORDINGLY, on this
23rd day of May 2017, upon independent review of the record and the applicable law, IT IS
ORDERED THAT:
1. The Court ADOPTS the Report and Recommendation of Magistrate Judge
Mehalchick (Doc. No. 6);
2. Petitioner Jarvin Lopez’s petition for writ of habeas corpus pursuant to 28
U.S.C. § 2241 (Doc. No. 1), is GRANTED;
3. Petitioner shall be afforded an individualized bond hearing before an
immigration judge within thirty (30) days of the date of this Order;
4. At the bond hearing, the immigration judge must make an individualized
inquiry into whether detention is still necessary for purposes of ensuring that
Petitioner attends removal proceedings and that his release will not pose a
danger to the community. Chavez–Alvarez v. Warden York Cnty. Prison, 783
F.3d 469, 475 (3d Cir. 2015). Further, the government bears the burden of
demonstrating that Lopez’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. Petitioner’s motion for entry of order (Doc. No. 5), is DENIED AS MOOT;
and
6. The Clerk is directed to CLOSE this case.
s/ Yvette Kane
Yvette Kane, District Judge
United States District Court
1

Middle District of Pennsylvania

2