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 

(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 

(a), which provides for discretionary

 6   detention of noncitizens during the pendency of removal proceedings. 2 At