Opinion
21 CIVIL 880 (VSB)
03-04-2021
SALOMON APARICO JIMENEZ, Petitioner, v. THOMAS DECKER, et al., Respondents.
JUDGMENT
It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated March 3, 2021, Aparicio's petition for a writ of habeas corpus is hereby GRANTED in part. The Government is ORDERED to take Aparicio before an immigration judge for an individualized bond hearing within ten calendar days of this Opinion & Order. At that hearing, the Government shall bear the burden of demonstrating, by clear and convincing evidence, that Aparicio is a danger to the community or a risk of flight. In the event the Government fails to provide Aparicio with such a bond hearing within ten calendar days, the Government is ORDERED to release Aparicio immediately on "bond of at least $1,500 with security approved by, and containing conditions prescribed by, the Attorney General" or on "conditional parole." § 1226(a)(1)-(2). In light of this decision, Aparicio's request for a temporary restraining order and preliminary injunction seeking the same relief is moot. As this Opinion & Order terminates the petition, Aparicio's request that I enjoin Respondents from removing him from the Court's jurisdiction during the course of habeas proceedings is also moot; accordingly, this case is closed. DATED: New York, New York
March 4, 2021
RUBY J. KRAJICK
Clerk of Court
BY: /s/ _________
Deputy Clerk