Abdi v. Duke, et al., No. 1:2017cv00721 - Document 83 (W.D.N.Y. 2018)

Court Description: DECISION AND ORDER granting 67 Motion for clarification. The Court clarifies that the November 17, 2017, Decision requires that once an IJ has determined that a detainee shall be released on bond, he or she must consider the financial circumstanc es of each subclass member and alternative conditions of release in setting the amount of bond. Accordingly, IT IS HEREBY ORDERED that for all subclass members provided a bond hearing pursuant to the Court's November 17, 2017, Decision, the I J, when setting the terms of any subclass member's release at a bond hearing, must consider alternative conditions of release and the individual's ability to pay; and it is further ORDERED that for those subclass members who have already received a bond hearing pursuant to the November 17, 2017, Decision who remained detained notwithstanding an IJ's determination that release on bond would be appropriate, bond hearings must be recalendared and the record reopened for the IJ to consider alternative conditions of release and the individual's ability to pay; and it is further ORDERED that counsel for Respondents shall notify Class Counsel of the date and location of each bond hearing set pursuant to this Decision and Order at leave five days in advance of the hearing. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 02/09/2018. (LMD) Modified on 2/9/2018 (ZML). (Main Document 83 replaced on 2/9/2018) (LMD).