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Habeas Corpus - Alien Detainee | Washington Western
Judgment by Court
JUDGMENT BY COURT. (1) Petitioner's habeas Petition (Dkt. 1 ) is GRANTED IN PART; (2) Respondents SHALL provide Petitioner Arnoldo Garcia Hernandez with an individualized bond hearing before an immigration judge within seven days of this Order, unless the hearing is continued at the Petitioner's request, at which the Government bears the burden of proof by clear and convincing evidence that Petitioner is a danger to the community or poses a risk of flight; (3) If a bond hearing is not provided within seven days of the date of this Order, Respondents SHALL release Petitioner from ICE custody immediately on the terms of his most recent release, if any; and (4) Respondents SHALL file a declaration with the Court confirming that Petitioner received a bond hearingand the results of that hearingor otherwise confirming Petitioner's request for a continuance or release by August 5, 2026. (BKP)
Order on Motion
ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS (1) Petitioner's habeas Petition (Dkt. 1 ) is GRANTED IN PART; (2) Respondents SHALL provide Petitioner Arnoldo Garcia Hernandez with an individualized bond hearing before an immigration judge within seven days of this Order, unless the hearing is continued at the Petitioner's request, at which the Government bears the burden of proof by clear and convincing evidence that Petitioner is a danger to the community or poses a risk of flight;(3) If a bond hearing is not provided within seven days of the date of this Order, Respondents SHALL release Petitioner from ICE custody immediately on the terms of his most recent release, if any; and(4) Respondents SHALL file a declaration with the Court confirming that Petitioner received a bond hearingand the results of that hearingor otherwise confirming Petitioner's request for a continuance or his release by August 5, 2026. Signed by Magistrate Judge Grady J Leupold. (BKP)
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