Henriquez

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 JOSE MAURICIO HENRIQUEZ, Case No. 5:22-cv-00869-EJD

Petitioner, ORDER DENYING MOTION TO

TRANSFER; GRANTING PETITION

v. FOR WRIT OF HABEAS CORPUS

MERRICK GARLAND, et al., Re: Dkt. No. 22 Respondents.

Jose Mauricio Henriquez is detained at the U.S. Immigration and Customs Enforcement (“ICE”) Processing Center located in Mesa Verde (Mesa Verde”). He filed a Verified Petition for Writ of Habeas Corpus (“Petition”) pursuant to 28 U.S.C. § 2241, claiming that his ongoing twenty-one month detention violates the Due Process Clause of the Fifth Amendment to the United States Constitution. He asks the Court to order his release unless he receives a bond hearing before an immigration judge (“IJ”), with the burden placed on the Government to establish by clear and convincing evidence that he presents a danger to the community or a flight risk. Respondents-Attorney…