Joseph v. Decker et al, No. 1:2018cv02640 - Document 44 (S.D.N.Y. 2018)

Court Description: OPINION & ORDER: For these reasons, Joseph's Second Amended Petition is granted in part and denied in part. Respondents shall take Joseph before an immigration judge within seven days of this order for an individualized bond hearing, or immed iately release him. At that bond hearing, the government shall bear the burden of proving by clear and convincing evidence that Joseph's continued detention is reasonably related to valid immigration purposes, particularly in light of the imm igration judge's termination of the proceedings against him. The immigration judge shall consider, among other things, whether alternatives to detention may serve those purposes. See Perez, 2018 WL 3991497, at *6 (citing Hernandez, 2018 WL 35 79108, at *12). In light of this conclusion, Joseph's request for immediate release pending this decision are denied as moot. See Oral Arg. Trans. at 22. The Clerk of Court is respectfully directed to close the case. SO ORDERED. (Signed by Judge Ronnie Abrams on 11/21/2018) (rj) Transmission to Orders and Judgments Clerk for processing.