Vella v. Bowen et al

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATIONS - IT IS ORDERED THAT:1. The Court ADOPTS the Report and Recommendation 5 of Magistrate Judge Saporito; 2. Petitioner Giovanni Vellas petition 1 for writ of habeas corpus 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. The Clerk is directed to CLOSE this case. Signed by Honorable Yvette Kane on 5/31/17. (rw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
GIOVANNI VELLA,
Petitioner
v.
DENNIS BOWEN, et al.,
Respondents

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No. 1:17-cv-00646
(Judge Kane)
(Magistrate Judge Saporito)

ORDER
Before the Court is the May 16, 2017 Report and Recommendation of Magistrate Judge
Saporito. (Doc. No. 5.) No timely objections have been filed. ACCORDINGLY, on this 31st
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
Saporito (Doc. No. 5);
2. Petitioner Giovanni Vella’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); and
5. The Clerk is directed to CLOSE this case.
s/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania

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