Opinion
Case No. C18-287-JLR
01-03-2019
MIR LATIF AHMAD, Petitioner, v. MATTHEW WHITAKER, et al., Respondents.
ORDER ADOPTING REPORT AND RECOMMENDATION
Having reviewed the Report and Recommendation of the Honorable Brian A. Tsuchida, United States Magistrate Judge, and the balance of the record, and Court finds and ORDERS:
1. The Report and Recommendation is ADOPTED.
2. The Government's motion to dismiss, Dkt. 8, is GRANTED in part and DENIED in part.
3. Petitioner's habeas petition is GRANTED in part and DENIED in part.
4. Petitioner is not entitled to an order of release, but the Government shall provide him with a bond hearing before an immigration judge within seven days of the date of this order, unless he is no longer in custody at that time.
5. The Clerk shall send a copy of this Order to the parties and to Judge Tsuchida.
DATED this 3RD day of January, 2019.
/s/_________
JAMES L. ROBART
United States District Judge