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Coello-Udiel v. Doll

United States District Court, M.D. Pennsylvania

May 14, 2018

LUIS A. COELLO-UDIEL, Petitioner,
v.
CLAIR DOLL, et al., Respondents.

          MEMORANDUM

          A. Richard Caputo United States District Judge

         Presently 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 be rejected.

         I. Background

         The 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.

         On 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.

         Coello-Udiel 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 hearing. Id.

         On May 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.)

         On July 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.

         On 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.)

         On 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.

         On 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. Id.

         On 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.

         Coello-Udiel 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.

         On 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 ...


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