Chen-Chen v. Lowe et al

Filing 6

ORDER 1. The petition for writ of habeas corpus (Doc. 1) is GRANTED. 2. The 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 mu st 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 Yor k 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., 6 56 F.3d 221,233 (3d Cir. 2011). 4. Within ten (10) days of the bond hearing, Respondent shall file a notification with the Court that Petitioner has received an appropriate individualized bond determination. 5. The Clerk of Court is directed to CLOSE this case. Signed by Honorable Robert D. Mariani on 2/21/17. (jfg)

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IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

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XIAN CHEN-CHEN,
Petitioner

Civil No. 3:16-cv-2517
(Judge Mariani)

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v.
CRAIG A. LOWE, et al.,
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Respondents

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ORDER

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AND NOW, this:J1 ( day of February, 2017, for the reasons set forth in the
Court's Memorandum of the same date, IT IS HEREBY ORDERED THAT:

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1.

The petition for writ of habeas corpus (Doc. 1) is GRANTED.

2.

The Immigration Judge shall afford Petitioner an individualized bond hearing

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within fourteen (14) days of the date of this Order.

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3.

At the bond hearing, the Immigration Judge must make an individualized

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inquiry into whether detention is still necessary to fulfill the purposes of

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ensuring that the Petitioner attends removal proceedings and that his release

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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

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statute. Diop v. ICE/Homeland Sec., 656 F.3d 221,233 (3d Cir. 2011).
4.

Within ten (10) days of the bond hearing, Respondent shall file a notification
with the Court that Petitioner has received an appropriate individualized bond
determination.

5.

The Clerk of Court is directed to CLOSE this case.

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