Opinion
NO. C09-415-JLR-JPD.
September 3, 2009
ORDER GRANTING PETITIONER'S PETITION FOR WRIT OF HABEAS CORPUS
The Court, having reviewed petitioner's Petition for Writ of Habeas Corpus, Dkt. 2, respondent's motion to dismiss, Dkt. 8, the Report and Recommendation of the Honorable James P. Donohue, United States Magistrate Judge, and the government's objections thereto, and the remaining record, finds and Orders as follows:
(1) The Court adopts the Report and Recommendation.
(2) Petitioner's Petition for Writ of Habeas Corpus, Dkt. 2, is GRANTED, and respondent's motion to dismiss, Dkt. 8, is DENIED.
(3) Respondents shall provide petitioner with an individualized bond hearing within twenty days of the date of this Order before an Immigration Judge with the power to grant him bail unless the government establishes that he is a flight risk or will be a danger to the community.
(4) The Clerk shall send a copy of this Order to the parties, and to Judge Donohue.