Pichardo v. Lowe et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS - IT IS ORDERED THAT:1.The Court ADOPTS the Report and Recommendation 9 of Magistrate JudgeMehalchick 2.Petitioner Cristian Rosario Pichardos petition for writ 1 of habeas corpuspursuant to 28 U.S.C.  7; 2241 is GRANTED; 3.Petitioner shall be afforded an individualized bond hearing before animmigration judge within twenty-one (21) days of the date of this Order, inaccordance with the dictates of the United States Court of Appeals for theThird Circuits decision in Chavez-Alvarez v. Warden York County Prison,783 F.3d 469, 478 (3d Cir. 2015); and 4.The Clerk is directed to CLOSE this case. Signed by Honorable Yvette Kane on 6/30/17. (rw)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA CRISTIAN ROSARIO PICHARDO, Petitioner v. CRAIG LOWE, et al., Respondents : : : : : : : No. 1:17-cv-00770 (Judge Kane) (Magistrate Judge Mehalchick) ORDER Before the Court is the May 24, 2017 Report and Recommendation of Magistrate Judge Mehalchick. (Doc. No. 9.) No timely objections have been filed. ACCORDINGLY, on this 30th day of June 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. 9); 2. Petitioner Cristian Rosario Pichardo’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 twenty-one (21) days of the date of this Order, in accordance with the dictates of the United States Court of Appeals for the Third Circuit’s decision in Chavez-Alvarez v. Warden York County Prison, 783 F.3d 469, 478 (3d Cir. 2015); and 4. 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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