KUMAR v. LOWE

Civil No. 3:17-cv-831.

MUKESH KUMAR, Petitioner, v. CRAIG A. LOWE, WARDEN, 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

Mukesh Kumar, Petitioner, Pro Se.

Craig A. Lowe, Respondent, represented by Kate Mershimer , U.S. Attorney's Office & Samuel Dalke , US Attorney's Office, Middle District of PA.


ORDER

ROBERT D. MARIANI, District Judge.

AND NOW, this 22nd day of June, 2017, for the reasons set forth in the Court's Memorandum of the same date, IT IS HEREBY ORDERED THAT:

1. The petition for writ of habeas corpus (Doc. 1) is GRANTED in part to the extent that Petitioner will be afforded an individualized bond hearing. 2. An 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 must 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 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 statute. Diop v. ICE/Homeland Sec., 656 F.3d 221, 233 (3d Cir. 2011). 4. Within ten (10) days of the Immigration Judge's hearing, Respondents shall report to the District Court on the outcome of the individualized bond hearing. 5. The Clerk of Court is directed to CLOSE this case.

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