Legal Opinion

De Oliveira Viegas v. Green

District Court, D. New Jersey

Decided March 29, 2019No. Civil Action No. 18-13359 (MCA)PublishedCited by 22 opinions

1Opinion of the Court

MADELINE COX ARLEO, United States District Judge,

I. INTRODUCTION

This matter has been opened to the Court by Petitioner's filing of a habeas petition pursuant to 28 U.S.C. § 2241, asserting that his continued detention under § 1226(c) without an individualized bond hearing is an unconstitutional violation of due process under the Fifth Amendment.

*445For the reasons explained in this Opinion, the Court will grant the writ of habeas corpus and direct the government to provide Petitioner with an individualized bond hearing before an immigration judge within 7 days, pursuant to the standards set forth…

2Cases cited10 opinions

  1. Zadvydas v. DavisSupreme Court of the United States · 2001
  2. Jennings v. RodriguezSupreme Court of the United States · 2018
  3. Demore v. KimSupreme Court of the United States · 2003
  4. Maleng v. CookSupreme Court of the United States · 1989
  5. Igor Borbot v. Warden Hudson County CorrectioCourt of Appeals for the Third Circuit · 2018

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3Cited by22 opinions

  1. Reid v. DonelanDistrict Court, District of Columbia · 2019
  2. (HC) Abdul-Samed v. Warden of the Golden State Annex Detention FacilityDistrict Court, E.D. California · 2025
  3. (HC)Gramajo Lopez v. GarlandDistrict Court, E.D. California · 2022
  4. BAEZ RUFINO v. TSOUKARISDistrict Court, D. New Jersey · 2020
  5. Balwinder Dhillon v. Warden of the Golden State Annex Detention Facility, et al.District Court, E.D. California · 2026

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