SINGH v. TAYLOR et al, No. 2:2017cv11816 - Document 5 (D.N.J. 2017)

Court Description: OPINION. Signed by Judge John Michael Vazquez on 12/13/17. (DD, )

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SINGH v. TAYLOR et al Doc. 5 NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ____________________________________ : SIMRANPAL SINGH, : Civil Action No. 17-11816 (JMV) : Petitioner, : : v. : OPINION : ERIC TAYLOR, : : Respondent. : ____________________________________: APPEARANCES: MELINDA M. BASARAN, Esq. 1061-1063 Main Street Paterson, N.J. 07503 On behalf of Petitioner ALLEN B.K. URGENT United States Attorney’s Office 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 November 20, 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 at Hudson County Correctional Center since February 3, 2017. (“ICE”). (Id. at 2.) Respondent submitted a letter response to the petition on December 12, 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 Dockets.Justia.com 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: December 13, 2017 At Newark, New Jersey s/ John Michael Vazquez JOHN MICHAEL VAZQUEZ United States District Judge 2

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