United States District Court, M.D. Pennsylvania
LUIS A. COELLO-UDIEL, Petitioner,
CLAIR DOLL, et al., Respondents.
Richard Caputo United States District Judge
before me is the Report and Recommendation of Magistrate
Judge William I. Arbuckle (Doc. 6), which recommends that I
grant Petitioner Luis A. Coello-Udiel's
(“Coello-Udiel”) Petition for Writ of Habeas
Corpus under 28 U.S.C. § 2241 directing that a bond
hearing be held in his removal proceedings. (Doc. 1.) Because
the Supreme Court's decision in Jennings v.
Rodriguez, 583 U.S.__, 138 S.Ct. 830 (2018), decided
after the Report and Recommendation was issued, has abrogated
the Third Circuit cases on which the Report and
Recommendation is based, the Report and Recommendation will
parties do not dispute the relevant facts or procedural
history. On August 10, 2017, Coello-Udiel, a lawful permanent
resident, filed a Petition for Writ of Habeas Corpus which
alleged he had been detained for removal proceedings. (Doc.
1.) Coello-Udiel alleges he was arrested by Immigration and
Customs Enforcement (“ICE”) on February 7, 2017,
and has been detained since then. Id. at ¶ 12.
February 28, 2017, Coello-Udiel appeared with counsel in
immigration court for his first master calendar hearing, and
the Court granted his counsel's request for a continuance
to prepare. (Doc. 14, Ex. 1 at ¶ 2.) On March 1, 2017,
the Department of Homeland Security (“DHS”) filed
a notice that it was ready to proceed and objected to any
further continuances. (Doc. 14, Ex. 2.) On March 14, 2017,
the immigration Court sua sponte rescheduled
Coello-Udiel's master calendar hearing. (Doc. 14, Ex. 1
at ¶ 5.) On March 15, 2017, and March 29, 2017,
Coello-Udiel was released to Lancaster County on a writ.
Id. at ¶ 6.
appeared with counsel at a master calendar hearing on April
3, 2017, where he filed a motion to suppress evidence and to
terminate the proceedings. Id. at ¶ 7. The
Court adjourned the case to June 14, 2017, for a suppression
3, 2017, DHS received Coello-Udiel's relief application
and memorandum in support of his motion to suppress and
terminate. Id. at ¶ 8. On June 8, 2017,
Coello-Udiel filed a motion to cancel the hearing scheduled
for June 14, 2017. Id. at ¶ 9. On June 12,
2017, the Court granted the motion. (Doc. 14, Ex. 3.)
18, 2017, DHS received Coello-Udiel's motion to terminate
the removal proceedings. (Doc. 14, Ex. 1 at ¶ 10.) On
August 4, 2017, DHS received a motion from Coello-Udiel to
strike the DHS pleadings. Id. at ¶ 12. The
Court then sua sponte continued the merits hearing scheduled
for August 10, 2017. Id. at ¶ 13.
August 28, 2017, the parties argued Coello-Udiel's
suppression motion. Id. at ¶ 14. On September
13, 2017, the immigration Court issued a written decision
denying suppression and termination. (Doc. 14, Ex. 4.)
September 18, 2017, Coello-Udiel appeared at what his counsel
thought would be a merits hearing, but the Court had
scheduled the case for a master calendar hearing, so the
Court adjourned to October 13, 2017, for a merits hearing.
(Doc. 14, Ex. 1 at ¶ 16.) On September 20, 2017, DHS
filed additional evidence. Id. at ¶ 17. On
October 13, 2017, the merits hearing did not take place,
presumably continued by the Court sua sponte. Id. at
¶ 18. The merits hearing scheduled for November 14,
2017, was also continued. Id.
December 14, 2017, the immigration Judge conducted a hearing
on the merits of Coello-Udiel's applications for relief,
denied relief, and ordered Coello-Udiel removed to Honduras.
(Doc. 14, Ex. 5, 6.) Coello-Udiel reserved appeal.
January 8, 2018, Coello-Udiel filed a notice of appeal to the
Board of Immigration Appeals (“BIA”). (Doc. 14,
Ex. 7.) On February 12, 2018, DHS received the BIA briefing
schedule and filed its motion for summary affirmance on March
2, 2018. (Doc. 14, Ex. 8.) Coello-Udiel's brief was filed
on March 1, 2018. (Doc. 1, Ex. 1 at ¶ 21.) The appeal
remains pending. Id.
filed the instant Petition for Writ of Habeas Corpus on
August 10, 2017, alleging that his detention would, “in
all likelihood, ” be extended into a “lengthy
period of time” as he planned to appeal any adverse
decision issued by the immigration court to the BIA and the
Third Circuit. (Doc. 1 at ¶¶ 16-17.) Thus, in
anticipation of what would be a lengthy detention while he
pursued all available means of relief from removal,
Coello-Udiel requested that he be provided with immediate
release or a bond hearing before an immigration judge.
Id. at p. 11.
February 22, 2018, Magistrate Judge Arbuckle recommended that
Coello-Udiel's Petition be granted because Respondents
had not opposed his request for a hearing, and because
existing Third Circuit case law appeared to require one.
(Doc. 6.) On April 19, 2018, Respondents filed Objections to
the Report and Recommendation, arguing that the February 27,
2018, Supreme Court decision in Jennings v.
Rodriguez had implicitly overturned the existing Third
Circuit precedent and therefore required that
Coello-Udiel's Petition be dismissed. (Docs. 13, 14.) On