Zavala

ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS

Now before the Court is the petition for writ of habeas corpus by Petitioner Javier Zavala. Petitioner asserts that he is currently being detained in violation of the Due Process Clause of the United States Constitution by virtue of the automatic stay of his bail redetermination pursuant to 8 C.F.R. § 1003.19 (i)(2). Having carefully reviewed the parties’ papers and considered their arguments and the relevant legal authority, and good cause appearing, the Petition is HEREBY GRANTED and the automatic stay dissolved effective March 8, 2004 at 5:00 p.m. This brief stay of this Order for one week will afford the Government an opportunity to seek an emergency stay from the Board of Immigration Appeals (“Board”) under 8 C.F.R. § 1003.19 (i)(l) of the bond redetermination ordered by Immigration Judge (“IJ”) La-monte S. Freerks dated November 21, 2003. If no emergency stay is obtained by the Government by March 8, 2004 at 5:00 p.m., Petitioner must be permitted to post bond and be released in accordance with IJ Freerk’s decision and order.

BACKGROUND

The background facts are not significantly disputed. Petitioner is a native and citizen…