Miller v. Johnson

Filing 14

MEMORANDUM ORDER adopting 13 Report and Recommendations. Petitioner's petition for writ of habeas corpus is GRANDED in part to the extend Petitioner is to be afforded an inividualized bond hearing. The parties shall report to this court on the outcome of the individualized bail determination no later than 3 days after the immigration judge's hearing. See Order for additional details. Signed by Honorable A. Richard Caputo on 7/27/16. (jam)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DALTON DONOVAN MILLER,
CIVIL ACTION NO. 3:CV-14-2263

Petitioner,

(JUDGE CAPUTO)

v.

(MAGISTRATE JUDGE MEHALCHICK)

JEH CHARLES JOHNSON, Warden,
Respondent.

MEMORANDUM ORDER
On November 26, 2014, Petitioner Dalton Donovan Miller filed a petition for writ of
habeas corpus pursuant to 28 U.S.C. § 2241. (Doc. 1) Petitioner filed a second habeas
petition on November 2015, see Miller v. Sabol, Case No: 3:15-cv-02229, but the actions
were consolidated. (Doc. 12). The case was referred to Magistrate Judge Mehalchick. On
July

5,

2016,

Magistrate

Judge

Mehalchick

issued

a

Report

and

Recommendationrecommending that the petition be granted in part. (Doc. 13) Objections
to the Report and Recommendation were due on July 22, 2016. No objections were filed.
Therefore, upon review of the Report and Recommendation of Magistrate Judge
Mehalchick for plain error or manifest injustice, IT IS HEREBY ORDERED that:
(1)

The Report and Recommendation is ADOPTED in its entirety;

(2)

Petitioner’s petition for writ of habeas corpus (Doc. 1) is GRANTED in part to
the extent that Petitioner is to be afforded an individualized bond hearing;
(a)

Within thirty (30) days, an immigration judge shall afford
Petitioner an individualized bond hearing. At this hearing, the
immigration judge must make an individualized inquiry into
whether detention is still necessary for the purposes of ensuring
that the Petitioner attends removal proceedings and that his
release will not pose a danger to the community. ChavezAlvarez v. Warden York County Prison, 783 F. 3d 469, 475 (3d
Cir. 2015). Further, the government bears the burden of

presenting evidence at this hearing and proving 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).
(b)

The parties shall report to this court on the outcome of the
individualized bail determination no later than three (3) days
after the immigration judge’s hearing.

(c)

If the immigration judge does not hold an individualized bond
hearing consistent with the legal benchmarks outlined in the
Report and Recommendation, this court will conduct its own
bond determination, under the standards governing bail in
habeas corpus proceedings, at a date and location to be
determined.

July 27, 2016
Date

/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge

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