Sheriff v. Lowe et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS 7 . To the extent that it seeks an individualized bond hearing before an immigration judge, the Petition for Writ of Habeas Corpus, filed pursuant to 28 U.S.C. § 2241, ECF No. 1, is GRANTED. An individu alized bond hearing shall be conducted by an immigration judge within thirty (30) days of the issuance of this Order. The Clerk of Court is directed to close this case. (See Order for further details.) Signed by Honorable Matthew W. Brann on 2/22/2017. (jn)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ZAKARIA SHERIFF,
Petitioner,
v.
WARDEN CRAIG A. LOWE, et al.,
Respondents.

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No. 4:16-cv-02464
(Judge Brann)

ORDER
AND NOW, this 22nd day of February, 2017, the parties having
notified the Court that no objections to the Report & Recommendation will
be filed, IT IS HEREBY ORDERED that:
1.

To the extent that it seeks an individualized bond hearing
before an immigration judge, the Petition for Writ of Habeas
Corpus, filed pursuant to 28 U.S.C. § 2241, ECF No. 1, is
GRANTED.

2.

By granting the Petition, this Court confirms the need for an
individualized bond hearing but expresses no opinion as to
the Petition’s underlying substantive arguments regarding the

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propriety of detention. That determination is reserved to the
sole discretion of the immigration judge. See Quinteros v.
Sabol, No. 4:15-CV-02098, 2016 WL 6525295 (M.D. Pa. Nov. 3,
2016) (Brann, J.); Ahad v. Lowe, No. 1:16-CV-01864, 2017 WL
66829, at *2 n.1 (M.D. Pa. Jan. 6, 2017) (Kane, J.).
3.

An individualized bond hearing shall be conducted by an
immigration judge within thirty (30) days of the issuance of
this Order.

4.

At this hearing, the immigration judge shall make an
individualized inquiry into whether detention remains
necessary to fulfill the purposes of ensuring that the Petitioner
attends removal proceedings and whether his release will
pose a danger to the community, in accordance with ChavezAlvarez v. Warden York County Prison, 783 F.3d 469, 475 (3d
Cir. 2015).

5.

At the hearing, the Government shall bear the burden of
presenting evidence and proving that continued detention is

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necessary to fulfill the statutory purposes of detention, in
accordance with Diop v. ICE/Homeland Sec., 656 F.3d 221, 233
(3d Cir. 2011).
6.

The Report and Recommendation, ECF No. 7, submitted by
United States Magistrate Judge Joseph F. Saporito, Jr., is
ADOPTED to the extent consistent with this Order.

7.

The Clerk of Court is directed to close this case.

BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge

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