Debowale v. Lowe

Filing 16

ORDER (memorandum filed previously as separate docket entrySigned by Honorable Robert D. Mariani on 8/14/17. IT IS HEREBY ORDERED THAT: 1. Petitioner's procedural due process challenges are DISMISSED. 2. the Petition (Doc. 1) is GRANTED in part to the extent that Petitioner will be afforded an individualized bond hearing. 3. An Immigration Judge shall afford Petitioner an individualized bond hearing with 14 days. 4. At the bond hearing, the Immigration Judge must make an individualized inq uiry into whether detention is still necessary. 5. Within 10 days of the hearing, Respondent shall report to the District Court on the outcome of the individualized bond hearing. 6. Clerk of Court directed to CLOSE this case. Signed by Honorable Robert D. Mariani on 8/14/17. (jam) (Main Document 16 replaced on 8/14/2017) (jam).

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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

Civil No. 3:16-cv-2394

SEGUN DEBOWALE,

(Judge Mariani)

Petitioner

v.
CRAIG A LOWE,
Respondent
ORDER

AND NOW, this

jJ'{t~ay of August, 2017, for the reasons set forth in the

Court's Memorandum of the same date, IT IS HEREBY ORDERED THAT:
1.

Petitioner's procedural due process challenges to his removal proceedings
and request for a waiver of inadmissibility are DISMISSED for lack of
jurisdiction.

2.

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.

3.

An Immigration Judge shall afford Petitioner an individualized bond hearing
within fourteen (14) days of the date of this Order.

4.

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).
5.

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.

6.

The Clerk of Court is directed to CLOSE this case.

Robert D. Mariani
United States District Judge

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