Hutton v. Lowe et al

Filing 11

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 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 neces sary to fulfill the purposes of the detention statute. Diop v. ICE/Homeland Sec., 656 F.3d 221,233 (3d Cir. 2011). 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.Signed by Honorable Robert D. Mariani on 5/11/17. (jfg)

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

Civil No. 3:16-cv-1584

ORVILLE M. HUTTON.

(Judge Mariani)

Petitioner

v.
CRAIG LOWE. et al.•
Respondents

ORDER
AND NOW, this

II tq day of May, 2017. for the reasons set forth in the Court's

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).
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.

2