Opinion
CASE NO. C08-09-JLR-JPD.
March 13, 2008
ORDER GRANTING HABEAS PETITION
The Court, having reviewed the Petition for Writ of Habeas Corpus, the Report and Recommendation of the Honorable James P. Donohue, United States Magistrate Judge, any objections or responses to that, and the remaining record, finds and Orders as follows:
(1) The Court adopts the Report and Recommendation;
(2) The Petition for Writ of Habeas Corpus (Dkt. 17) is GRANTED;
(3) This matter is REMANDED to the Board of Immigration Appeals to decide the merits of petitioner's appeal of the Immigration Judge's March 12, 2007, bond order pursuant to 8 C.F.R. § 1003.38; and
(4) The Clerk shall send a copy of this Order to petitioner, to counsel for respondent, and to the Honorable James P. Donohue.