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Habeas Corpus - Alien Detainees | California Southern
Judgment - Clerk
CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that The Court GRANTS the Petition. Petitioner's Petition for Writ of Habeas Corpus is GRANTED. Respondents shall immediately release Petitioner from custody subject only to the conditions of his preexisting order of release on recognizance. Prior to any re-detention of Petitioner, he is entitled to notice of the reasons for revocation of his parole and a pre-deprivation hearing before a neutral immigration judge to determine whether detention is warranted. At such a hearing, the government shall bear the burden of establishing, by clear and convincing evidence, that Petitioner poses a danger to the community or a risk of flight. Petitioner requests attorney's fees and costs under the Equal Access to Justice Act, which the Court DENIES without prejudice. This case is hereby closed. (bdc)
Return to Petition for Writ of H/C
RETURN to Petition for Writ of H/C by Warden. (Keene, Juliet)
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