Opinion
22 CIVIL 3014 (PAE)
12-06-2022
THOMAS CRUZ FAJARDO, Plaintiff, v. DIRECTOR THOMAS DECKER, NEW YORK FIELD OFFICE, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, SECRETARY ALEJANDRO MAYORKAS, U.S. SECRETARY OF HOMELAND SECURITY, MERRICK GARLAND, U.S. ATTORNEY GENERAL, and SHERIFF CARL E. DUBOIS, ORANGE COUNTY, Defendant.
JUDGMENT
It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated December 5, 2022, the Court has granted Fajardo's petition, to the extent it seeks a prompt bond hearing. Within 10 days of the Opinion and Order, respondents shall take Fajardo before an immigration judge for an individualized bond hearing, at which, to sustain Fajardo's continued detention, the Government must bear the burden to prove, by clear and convincing evidence, that he is a danger to the community or a flight risk. At such a hearing, the IJ is to consider alternatives to immigration detention and Fajardo's ability to post bond. Should respondents fail to provide Fajardo with such a hearing within 10 days, respondents shall immediately release him; accordingly, the case is closed.