(HC) Sho v. S.F. Field Office, U.S. Immigration and Customs Enforcement ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MONSURU WOLE SHO, No. 1:21-cv-1812-TLN-AC 12 Petitioner, No. 1:23-cv-0029-TLN-AC 13 v. ORDER 14 CURRENT OR ACTING FIELD OFFICE DIRECTOR, SAN FRANCISCO FIELD 15 OFFICE, UNITED STATES IMMIGRATION AND CUSTOMS 16 ENFORCEMENT, et al. 17 Respondents. 18 19 20 Petitioner, an immigration detainee, has filed an application for a writ of habeas corpus 21 pursuant to 28 U.S.C. § 2241. The matter was referred to a United States Magistrate Judge 22 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 23 On June 15, 2023, the magistrate judge issued findings and recommendations herein 24 which were served on all parties, and which contained notice that any objections to the findings 25 and recommendations were to be filed within fourteen days. (ECF No. 47 at 9-10.) All parties 26 have stated their non-opposition to the findings and recommendations. (ECF Nos. 48, 49.) 27 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 28 1 | F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 2 | See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). The Court has 3 | reviewed the file and finds the findings and recommendations to be supported by the record and 4 | by the magistrate judge’s analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations issued June 15, 2023 (ECF No. 47), are 7 | ADOPTED in full; 8 2. The petition is GRANTED; 9 3. Within fourteen days from the date of this order, the Government shall provide 10 | petitioner with a constitutionally compliant bond hearing at which it shall have the burden of 11 | proof by clear and convincing evidence, and 12 4. All pending motions in related case Sho v. Becerra, No. 23-cv-0029-TLN-AC (ECF 13 | Nos. 10, 15, 16) are DENIED as moot and the case is DISMISSED as moot. 14 || Date: June 20, 2023 /) 15 ( | jf / 16 “ MN Vasko 17 Troy L. Nuhlep ] United States District Judge 18 19 20 21 22 23 24 25 26 27 28