Shire v. Decker et al

Filing 21

ORDER (memorandum filed previously as separate docket entry) - AND NOW, this 23rd day of January 2018, in accordance with the accompanying Memorandum, IT IS ORDERED THAT: 1. Petitioner Sanbur Agole Shires petition for writ of habeas corpus pursuant t o 28 U.S.C. § 2241 (Doc. No. 3), is GRANTED IN PART tothe extent that Petitioner shall be afforded an individualized bond hearingbefore an immigration judge within thirty (30) days of the date of thisOrder; 2. At the bond hearing, the immigratio n 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. ChavezAlvarez v. Warden York Cnty .Prison, 783 F.3d 469, 475 (3d Cir. 2015). Further, the government bears the burden of demonstrating that Petitioners 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 3. The Clerk of Court shall CLOSE this case.Signed by Honorable Sylvia H. Rambo on 1/23/18. (dmn)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
SANBUR AGOLE SHIRE,
Petitioner
v.
THOMAS R. DECKER, et al.,
Respondents

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No. 1:17-cv-01984
(Judge Rambo)

ORDER
AND NOW, this 23rd day of January 2018, in accordance with the
accompanying Memorandum, IT IS ORDERED THAT:
1. Petitioner Sanbur Agole Shire’s petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2241 (Doc. No. 3), is GRANTED IN PART to
the extent that Petitioner shall be afforded an individualized bond hearing
before an immigration judge within thirty (30) days of the date of this
Order;
2. 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 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); and

3. The Clerk of Court shall CLOSE this case.
s/Sylvia H. Rambo

SYLVIA H. RAMBO
United States District Judge