JOHNNY v. GREEN, No. 2:2017cv00364 - Document 6 (D.N.J. 2017)

Court Description: OPINION. Signed by Judge John Michael Vazquez on 4/25/17. (DD, ) N/M
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JOHNNY v. GREEN Doc. 6 NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ____________________________________ : MICHEL HERVE JOHNNY, : Civil Action No. 17-364 (JMV) : Petitioner, : : v. : OPINION : CHARLES GREEN, : : Respondent. : ____________________________________: APPEARANCES: MICHEL HERVE JOHNNY Essex County Correctional Facility 354 Doremus Ave. Newark, NJ 07105 Petitioner, pro se DAVID V. SIMUNOVICH Office of the U.S. Attorney District of New Jersey 970 Broad Street, Suite 700 Newark, NJ 07102 On behalf of Respondent VAZQUEZ, United States District Judge Petitioner filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 on January 1, 2017. (ECF No. 1.) He alleges a violation of his right to due process based on prolonged detention in the custody of Immigration and Customs Enforcement. (“ICE”). (Id.) Petitioner is confined in Essex County Correctional Facility, and he has been in custody since May 23, 2016. (Id., at 2.) Respondent submitted a letter response to the petition on March 1, 2017. (ECF No. 4.) Respondent does not object to a remand ordering an Immigration Judge to provide Petitioner with a bond hearing, in accordance with 8 C.F.R. § 1003.19(c). The Court will, therefore, grant the habeas petition and order Respondent to provide Petitioner with a bond hearing. See ChavezAlvarez v. Warden York County Prison, 783 F.3d 469, 478 (3d Cir. 2015) (due process requires that detention without bail pursuant to 8 U.S.C. § 1226(c) be limited to a reasonable period of time to further the goals of the detention statute.) An appropriate Order follows. Date: April 25, 2017 At Newark, New Jersey s/ John Michael Vazquez JOHN MICHAEL VAZQUEZ United States District Judge 2