HENRIQUEZ-REYES v. SABOL

Civil Action No. 3:17-CV-0044.

OLIVER MATIEL HENRIQUEZ-REYES, Petitioner, v. MARY SABOL, Respondent.

United States District Court, M.D. Pennsylvania.

Editors Note
Applicable Law: 28 U.S.C. § 2241
Cause: 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (IMMIGRATION)
Nature of Suit: 463 Habeas Corpus - Alien Detainees
Source: PACER


Attorney(s) appearing for the Case

Oliver Matiel Henriquez-Reyes, Petitioner, represented by Daniel J. Baurkot , Baurkot & Baurkot.

Oliver Matiel Henriquez-Reyes, Petitioner, represented by Raymond G. Lahoud , Law Offices of Baurkot & Baurkot.

Mary Sabol, Respondent, represented by Kate Mershimer , U.S. Attorney's Office & Timothy Judge , U.S. Attorney's Office - Prisoner Litigation Unit.


ORDER

WILLIAM J. NEALON, District Judge.

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.

Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases