Maksaddhon Akhemedov v. Yolanda Pittman, et al.

Summary

The United States District Court for the District of New Jersey granted Maksaddhon Akhemedov’s motion to enforce a prior order requiring an individualized immigration bond hearing. The court held that the record did not establish whether the Immigration Judge applied the clear-and-convincing-evidence standard required under German Santos v. Warden Pike County Correctional Facility. The court ordered a new bond hearing within seven days and required Respondents to report its outcome.

Holdings

1. A new bond hearing was required because the court could not discern from the bond-hearing record that the Immigration Judge applied the clear-and-convincing-evidence standard required by the prior order and German Santos.
2. The district court could review whether the bond hearing was fundamentally fair and complied with its order, but could not review the discretionary determinations underlying the Immigration Judge's bond decision.

Questions Presented

1. Whether the Immigration Judge complied with the court's prior order by applying the clear-and-convincing-evidence standard at Petitioner's bond hearing.
2. Whether a new bond hearing was required when the hearing transcript established that the Government bore the burden of proof but did not establish what standard of proof the Immigration Judge applied.

Disposition

remanded