Henriquez-Reyes v. Sabol

Filing 12

ORDER (memorandum filed previously as separate docket entry), ORDER DISMISSING CASE - The Report and Recommendation, (Doc. 8), is ADOPTED. Petnrs petition for a writ of habeas corpus, (Doc. 1), is GRANTED to the extent that Petnr seeks an individuali zed bond hearing. Petnr, Oliver Matiel Henriquez-Reyes, shall be provided an individualized bond hearing in front of an Immigration Judge w/in 14 days from the date of this Order. At the abovementioned bond hearing, the Immigration Judge shall make a n individualized inquiry as to whether Petitioners detention is still permissible under Chavez-Alvarez v. Warden York County Prison, 783 F.3d 469 (3d Cir. 2015) and any other applicable law. Further, 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, 231, 233 (3d Cir. 2011). Respdt shall file a notification with the Court that Petnr has received an appropriate individualized bond hearing on, or before, March 3, 2017. The Clerk of Court is directed to CLOSE this case.Signed by Honorable William J. Nealon on 2/10/17. (ao)

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
OLIVER MATIEL
HENRIQUEZ-REYES,
Petitioner
v.
MARY SABOL,
Respondent

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CIVIL ACTION NO. 3:17-CV-0044
(Judge Nealon)
(Magistrate Judge Schwab)

ORDER
AND NOW, THIS 10TH DAY OF FEBRUARY, 2017, in accordance with
the Memorandum issued on this date, IT IS HEREBY ORDERED THAT:
1.

The Report and Recommendation, (Doc. 8), is ADOPTED.

2.

Petitioner’s petition for a writ of habeas corpus, (Doc. 1), is
GRANTED to the extent that Petitioner seeks an individualized bond
hearing.

3.

Petitioner, Oliver Matiel Henriquez-Reyes, shall be provided an
individualized bond hearing in front of an Immigration Judge within
fourteen (14) days from the date of this Order.

4.

At the abovementioned bond hearing, the Immigration Judge shall
make an individualized inquiry as to whether Petitioner’s detention is
still permissible under Chavez-Alvarez v. Warden York County
Prison, 783 F.3d 469 (3d Cir. 2015) and any other applicable law.
Further, 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, 231, 233 (3d Cir. 2011).

5.

Respondent shall file a notification with the Court that Petitioner has
received an appropriate individualized bond hearing on, or before,

March 3, 2017.
6.

The Clerk of Court is directed to CLOSE this case.

/s/ William J. Nealon
United States District Judge