Jack v. Decker
- Vernon Broderick
- 1:21-cv-10958
- U.S. District Court · Southern District of New York
- 2
In Jack v. Decker, Judge Broderick ordered a second immigration bond hearing and denied the detention petition in all other respects.
Kerron Jack and the Government. The Government must bring Jack before an immigration judge for an individualized bond hearing within 10 calendar days, where Jack initially must show that his circumstances materially changed since June 26, 2020.
What happened
Kerron Jack asked for a court order challenging his continued detention. A magistrate judge recommended granting the request only to the extent of requiring another bond hearing, and the Government objected.
The district judge rejected the Government’s objections and adopted the recommendation. The court granted Jack’s petition for a second bond hearing but denied it in all other respects.
Judge Vernon S. Broderick ordered the Government to bring Jack before an immigration judge within 10 calendar days. At that hearing, Jack must first show that his circumstances materially changed since his June 26, 2020 bond hearing.
The detailed version
- Jack v. Decker · No. 1:21-cv-10958
- Vernon Broderick
- Nov. 8, 2022
Background
Kerron Jack filed a petition for a writ of habeas corpus under 28 U.S.C. §§ 2254 and 1651 and Article I, Section 9 of the Constitution. The opinion does not provide the full factual background of his detention or explain the specific claims in detail. On August 19, 2022, Magistrate Judge Robert W. Lehrburger issued a Report and Recommendation advising that Jack’s petition be granted only to the extent that he receive a second bond hearing. The Government objected on September 1, 2022.
Court’s Review
Because the Government timely objected, Judge Broderick reviewed the disputed portions of the recommendation independently, a process known as de novo review. After reviewing the relevant factual record, the Report, the Government’s objections, and the applicable legal authorities, the court adopted the Report in its entirety.
Ruling
The Government’s objections were overruled. Jack’s habeas petition was granted insofar as he was entitled to a second bond hearing to determine whether his continued detention was justified, and the petition was denied in all other respects. The Government was ordered to bring Jack before an immigration judge for an individualized bond hearing within 10 calendar days of the order.
At that hearing, Jack bears the initial burden of showing, by a preponderance of the evidence, that his circumstances materially changed since his previous bond hearing on June 26, 2020. The order states that a detailed opinion explaining the court’s reasoning and findings would follow.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.