Gichuhi v. Doll

Filing 23

ORDER (memorandum filed previously as separate docket entry), (1)The report and recommendation of Judge Mehalchick, (Doc. 15), is ADOPTED IN ITS ENTIRETY;(2)The petitioners habeas petition, (Doc. 1), is GRANTED IN PART to the extent that it seeks an individualized bond hearing;(3)The respondents objections to Judge Mehalchicks report, (Doc. 18), are OVERRULED;(4)An individualized bond hearing shall be conducted by an Immigration Judge within twenty-one (21) days of the date of this Order. ORDER TERMINATING CASE. (See order for details).Signed by Honorable Malachy E Mannion on 8/21/18. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
SAMMY GICHUHI,

:
:

Petitioner,

CIVIL ACTION NO. 3:17-1041
:

v.

(JUDGE MANNION)
:

CLAIR DOLL, Warden,
:
Respondent
ORDER
For reasons stated in the court’s memorandum issued this same day,
IT IS HEREBY ORDERED THAT:
(1)

The report and recommendation of Judge Mehalchick,
(Doc. 15), is ADOPTED IN ITS ENTIRETY;

(2)

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

(3)

The respondent’s objections to Judge Mehalchick’s report, (Doc.
18), are OVERRULED;

(4)

An individualized bond hearing shall be conducted by an
Immigration Judge within twenty-one (21) days of the date of
this Order at which 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; and

(5)

The Clerk of Court is directed to close this case.
s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge

Dated: August 21, 2018
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2017 MEMORANDA\17-1041-01-ORDER.wpd