Watkins v. Sabol

Filing 22

ORDER 1. The petition for writ of habeas corpus (Doc. 1) is GRANTED in part to the extent that Petitioner will be afforded an individualized bond hearing.2. An Immigration Judge shall afford Petitioner an individualized bond hearing within fourteen ( 14) days of the date of this Order. 3. At the bond hearing, the Immigration Judge must make an individualized inquiry into whether detention is still necessary to fulfill the purposes of ensuring that the Petitioner attends removal proceedings and th at his release will not pose adanger to the community. Chavez-Alvarez v. Warden York Cnty. Prison, 783 F.3d 469, 475 (3d Cir. 2015). At this hearing, the Government bears the burden of presenting evidence and proving that continued detention is neces sary to fulfill the purposes of the detention statute. Diop v.ICE/Homeland Sec., 656 F.3d 221,233 (3d Cir. 2011). Further, the Immigration Judge shall consider Petitioner's request for a terminally-ill visit with his mother. 4. Within ten (10) d ays of the Immigration Judge's hearing, Respondent shall report to the District Court on the outcome of the individualized bond hearing.5. The Clerk of Court is directed to CLOSE this case. obertD.Signed by Honorable Robert D. Mariani on 4/24/17. (jfg)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA AL S. WATKINS, Civil No. 3:16-cv-1563 Petitioner (Judge Mariani) v. MARY SABOL, Respondent ORDER AND NOW, this d4 ~ay of April, 2017, for the reasons set forth in the Courfs Memorandum of the same date, IT IS HEREBY ORDERED THAT: 1. The petition for writ of habeas corpus (Doc. 1) is GRANTED in part to the extent that Petitioner will be afforded an individualized bond hearing. 2. An Immigration Judge shall afford Petitioner an individualized bond hearing within fourteen (14) days of the date of this Order. 3. At the bond hearing, the Immigration Judge must make an individualized inquiry into whether detention is still 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. Chavez-Alvarez v. Warden York Cnty. Prison, 783 F.3d 469, 475 (3d Cir. 2015). At this hearing, the Government bears the burden of presenting evidence and proving that 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). Further, the Immigration Judge shall consider Petitioner's request for a terminally-ill visit with his mother. 4. Within ten (10) days of the Immigration Judge's hearing, Respondent shall report to the District Court on the outcome of the individualized bond hearing. 5. The Clerk of Court is directed to CLOSE this case. .. obert D. Mariani United States District Judge 2

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