Opinion
18 CIVIL 9948 (GBD)(OTW)
11-27-2019
WILDER CRUZ, Petitioner, v. THOMAS DECKER, as Field Office Director, New York City Field Office, U.S. Immigration & Customs Enforcement; JAMES MCHENRY, as Director of the Executive Office for Immigration Review; KIRSTJEN NIELSEN, as Secretary, U.S. Department of Homeland Security; and JEFFERSON B. SESSIONS, as Attorney General, U.S. Department of Justice, Respondents.
JUDGMENT
It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Decision and Order dated November 26, 2019, Respondents' objections to Magistrate Judge Wang's Opinion are OVERRULED and Magistrate Judge Wang's Opinion is AFFIRMED. Additionally, Respondents' objections to Magistrate Judge Wang's Report are DENIED, and Magistrate Judge Wang's Report is ADOPTED. Mr. Cruz's habeas petition is granted to the extent that the Government be ordered to promptly present Mr. Cruz before an immigration judge for a bond hearing. Additionally, at the bond hearing, the Government shall bear the burden of demonstrating by clear and convincing evidence that Mr. Cruz is a flight risk or danger to the community. Dated: New York, New York
November 27, 2019
RUBY J. KRAJICK
Clerk of Court
BY: /s/ _________
Deputy Clerk