D.O.A. v. Decker

Full title: D.O.A., Plaintiff, v. Decker, et al., Defendants.

Court: United States District Court, Southern District of New York

Date published: Jul 21, 2021

21-cv-4229 (AJN) (S.D.N.Y. Jul. 21, 2021)

Opinion

21-cv-4229 (AJN)

07-21-2021

D.O.A., Plaintiff, v. Decker, et al., Defendants.

ALISON J. NATHAN, DISTRICT JUDGE

ORDER

ALISON J. NATHAN, DISTRICT JUDGE

For the reasons stated on the record at the oral argument held today, D.O.A.'s request for an individualized bond hearing is GRANTED. At that hearing, the Government will bear the burden of proof to demonstrate by clear and convincing evidence that D.O.A. is a flight risk or a danger to the community. Additionally, his ability to pay and alternative conditions to release must be taken into account when setting bond. It is further ORDERED that if the Government does not provide D.O.A. with a new hearing in seven business days, the Government must release him from detention.

All other requests in D.O.A.'s petition are DENIED.

SO ORDERED.