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Habeas Corpus - Alien Detainee | California Central
R&R - Accepting Report and Recommendations
ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge John F. Walter for Report and Recommendation (Issued) 17 . IT IS ORDERED that Judgment be entered: (1) Granting the Petition; and (2) Ordering Respondents to provide Petitioner with a bond redetermination hearing that is Constitutionally sound insofar as the Immigration Judge must provide a reasoned determination that articulates individualized findings supporting any determination that Petitioner poses a "flight risk" or is otherwise not eligible for release during the pendency of his appeal of the order of removal. Alternatively, ordering that Respondents release Petitioner from custody pending resolution of Petitioner's appeal before the Board of Immigration Appeals. (hr)
Judgment
JUDGMENT by Judge John F. Walter, Related to: R&R - Accepting Report and Recommendations 18 , Petition for Writ of Habeas Corpus 1 . IT IS ADJUDGED that the Petition is GRANTED. Respondents shall provide Petitioner with a bond redetermination hearing that is Constitutionally sound insofar as the Immigration Judge must provide a reasoned determination that articulates individualized findings supporting any determination that Petitioner poses a "flight risk" or is otherwise not eligible for release during the pendency of his appeal of the order of removal. Alternatively, Respondents shall release Petitioner from custody pending resolution of Petitioner's appeal before the Board of Immigration Appeals. (MD JS-6, Case Terminated). (hr)
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