19-2284-cv Velasco Lopez v. Decker 1 In the 2 United States Court of Appeals 3 For the Second Circuit 4 5 6 August Term 2019 7 8 No. 19-2284-cv 9 10 CARLOS VELASCO LOPEZ, 11 12 Petitioner-Appellee, 13 14 v. 15 16 THOMAS DECKER, IN HIS OFFICIAL CAPACITY AS NEW YORK FIELD 17 OFFICE DIRECTOR FOR THE U.S. IMMIGRATION AND CUSTOMS 18 ENFORCEMENT, CHAD F. WOLF, IN HIS OFFICIAL CAPACITY AS ACTING 19 SECRETARY OF THE U.S. DEPARTMENT OF HOMELAND SECURITY, JAMES 20 MCHENRY, IN HIS OFFICIAL CAPACITY AS DIRECTOR OF THE 21 EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, WILLIAM P. BARR, IN 22 HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF THE UNITED 23 STATES, 24 25 Respondents-Appellants. 26 27 28 Appeal from the United States District Court 29 for the Southern District of New York 30 No. 19 Civ. 2912 (ALC), Andrew L. Carter, Jr., District Judge, Presiding. 31 (Argued May 13, 2020; Decided October 27, 2020) 32 1 1 B e f o r e: 2 3 PARKER, CHIN, AND CARNEY, Circuit Judges 4 5 The Government appeals from a judgment of the United States District 6 Court for the Southern District of New York (Carter, J.), granting Carlos 7 Alejandro Velasco Lopez’s petition for a writ of habeas corpus. Velasco Lopez 8 was detained pursuant to 8 U.S.C. § 1226(a), which provides for discretionary 9 detention of noncitizens during the pendency of removal proceedings. His 10 habeas petition challenged the procedures employed in his bond hearings, which 11 required him to prove, to the satisfaction of an immigration judge, that he is 12 neither a danger to the community nor a flight risk. We hold that the district 13 court correctly granted the petition, and provided the correct remedy by 14 ordering a new bond hearing in which the Government bore the burden of 15 showing by clear and convincing evidence that Velasco Lopez was either a 16 danger or a flight risk. 17 18 AFFIRMED 19 20 21 JULIE DONA, Supervising Attorney (Janet E. Sabel, 22 Attorney-in-Chief, Adriene Holder, 23 Attorney-in-Charge, Civil Practice, Hasan 24 Shafiqullah, Attorney-in Charge, Immigration 25 Law Unit, Aadhithi Padmanabhan, Of 26 Counsel, on the brief), The Legal Aid Society, 27 New York, NY, for Petitioner-Appellee 28 29 CHRISTOPHER CONNOLLY, Assistant United States 30 Attorney (Benjamin H. Torrance, on the brief), for 31 Audrey Strauss, Acting United States Attorney, Southern 32 District of New York, for Respondents-Appellants 33 34 35 2 1 BARRINGTON D. PARKER, Circuit Judge: 2 The Government 1 appeals from a judgment of the United States District 3 Court for the Southern District of New York (Carter, J.), granting Carlos 4 Alejandro Velasco Lopez’s petition for a writ of habeas corpus. Velasco Lopez 5 was detained pursuant to 8 U.S.C. § 1226(a), which provides for discretionary 6 detention of noncitizens during the pendency of removal proceedings. 2 At 7 various bond hearings, Velasco Lopez was unable to carry the burden, placed on 8 him by immigration regulations, to prove that ...
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