Ildefonso-Candelario v. Lowe et al

Filing 20

ORDER (memorandum filed previously as separate docket entry), (1)The report and recommendation of Magistrate Judge Joseph F. Saporito, Jr., (Doc. 17), is ADOPTED IN ITS ENTIRETY;(2)The petitioners habeas petition, (Doc. 1), is GRANTED IN PART to the extent that it seek an individualized bond hearing;(3)An individualized bond hearing shall be conducted by an immigration judge within twenty-one (21) days of the date of this Order in accordance with Judge Saporitos recommendations; (SEE ORDER FOR FULL DETAILS).ORDER TERMINATING CASESigned by Honorable Malachy E Mannion on 4/28/17. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
ROMAN ILDEFONSOCANDELARIO,

:
:

Petitioner,

CIVIL ACTION NO. 3:16-2120
:

v.
:

(MANNION, D.J.)
(SAPORITO, M.J.)

CRAIG A. LOWE, Warden, et al.,
:
Respondents.
:
ORDER
For reasons stated in the court’s memorandum issued this same day,
IT IS HEREBY ORDERED THAT:
(1)

The report and recommendation of Magistrate Judge
Joseph F. Saporito, Jr., (Doc. 17), is ADOPTED IN ITS
ENTIRETY;

(2)

The petitioner’s habeas petition, (Doc. 1), is GRANTED IN PART
to the extent that it seek an individualized bond hearing;

(3)

An individualized bond hearing shall be conducted by an
immigration judge within twenty-one (21) days of the date of this
Order in accordance with Judge Saporito’s recommendations;

(4)

At the bond hearing, the Immigration Judge shall make an
individualized finding, and the government shall bear the burden
of demonstrating, that the petitioner’s continued detention is still
necessary to fulfill the purposes of the detention statute;

(5)

The proceedings shall be recorded by audio, audiovisual, or
stenographic means;

(6)

The parties shall report to this court on the outcome of the

petitioner’s bond hearing within seven (7) days after the date of
the hearing.
(7)

The Clerk of Court is directed to close this case.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Dated: April 28, 2017
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2016 MEMORANDA\16-2120-01 Order.wpd

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