Opinion
22 CIVIL 2255 (JPC)
09-16-2022
O.F.C., 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 September 12, 2022, the Petition for a Writ of Habeas Corpus is granted. Petitioner must be released within fourteen days of the Opinion and Order unless he is provided with a hearing for redetermination of bond at which he must be granted bond unless the Government proves, by clear and convincing evidence, that he is a danger to the community or a flight risk. In determining whether to grant bond, the IJ shall consider the availability of alternative conditions of release, and in determining the amount of any bond imposed, the IJ shall consider Petitioner's ability to pay, though it shall remain within the IJ's discretion to determine the influence those considerations shall have on the IJ's ultimate decision. The Court has also granted the sealing requests pending at Docket Numbers 22, 28, and 31, and the Opinion and Order is placed under seal and the viewing level is set to give access to case participants only.