Perez-Catalan v. Doll et al

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS - 1. The Court ADOPTS the Report and Recommendation (Doc. No. 11), of Chief Magistrate Judge Schwab; 2. Petitioners petition for writ of habeas corpus seeking an individualized bond hearing submitted pursuant to 28 U.S.C. § 2241 (Doc. No. 1), is GRANTED; 3. An individualized bond hearing shall be conducted by an immigration judge within thirty (30) days of the date of this Order; 4. At this hearing, the immigration judge shall make an individualized inquiry into whether detention remains necessary to fulfill the purposes of ensuring that the Petitioner attends removal proceedings and that his release will not pose a danger to the community in accordance with Chavez-Alvarez v. Warden York Count y Prison, 783 F.3d 469, 475 (3d Cir. 2015); 5. At this hearing the government shall bear the burden of presenting evidence and proving that Petitioners continued detention is necessary to fulfill the purposes ofthe detention statute in accordance with Diop v. ICE Homeland Security, 656F.3d 221, 233 (3d Cir. 2011); and 6. The Clerk of Court is directed to CLOSE this case.Signed by Honorable Yvette Kane on 12/15/17. (pjr)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ROMULO PEREZ-CATALAN,
Petitioner
v.
CLAIR DOLL, et al.,
Respondents

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No. 1:17-cv-1427
(Judge Kane)
(Chief Magistrate Judge Schwab)

ORDER
THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:
Before the Court is Chief Magistrate Judge Schwab’s December 6, 2017 Report and
Recommendation (Doc. No. 11), that recommends that the Court grant Petitioner’s petition for
writ of habeas corpus submitted pursuant to 28 U.S.C. § 2241 (Doc. No. 1), challenging his
continued detention without an individualized bond hearing while immigration removal
proceedings are pending. Specifically, relying on Chavez-Alvarez v. Warden York County
Prison, 783 F.3d 469 (3d Cir. 2015), Chief Magistrate Judge Schwab recommends that this Court
grant the instant petition and direct that a bond hearing be held by an immigration judge within
thirty (30) days of the date of this Order. (Doc. No. 11 at 5-8.)
On December 11, 2017, Petitioner filed a notice of no objection to the Report and
Recommendation (Doc. No. 12), requesting that, if Respondents do not object to the Report and
Recommendation, the Court waive the objection period provided by Local Rule 72.3 and adopt
the Report and Recommendation immediately. On December 12, 2017, the Respondents filed a
notice with the Court indicating that they have no objection to the Report and Recommendation.
(Doc. No. 13.)
ACCORDINGLY, on this 15th day of December 2017, upon independent review of the
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record and the applicable law, IT IS ORDERED THAT:
1.

The Court ADOPTS the Report and Recommendation (Doc. No. 11), of Chief
Magistrate Judge Schwab;

2.

Petitioner’s petition for writ of habeas corpus seeking an individualized bond
hearing submitted pursuant to 28 U.S.C. § 2241 (Doc. No. 1), is GRANTED;

3.

An individualized bond hearing shall be conducted by an immigration judge
within thirty (30) days of the date of this Order;

4.

At this hearing, the immigration judge shall make an individualized inquiry into
whether detention remains necessary to fulfill the purposes of ensuring that the
Petitioner attends removal proceedings and that his release will not pose a danger
to the community in accordance with Chavez-Alvarez v. Warden York County
Prison, 783 F.3d 469, 475 (3d Cir. 2015);

5.

At this hearing the government shall bear the burden of presenting evidence and
proving that Petitioner’s continued detention is necessary to fulfill the purposes of
the detention statute in accordance with Diop v. ICE Homeland Security, 656
F.3d 221, 233 (3d Cir. 2011); and

6.

The Clerk of Court 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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