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Khalili v. Barr

Immigration Detainee Was Afforded Constitutionally Adequate Bond Hearing; Release Denied

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DECISION AND ORDER INTRODUCTION   Pro se petitioner Behzad Khalili (“Petitioner”), a civil immigration detainee currently held at the Buffalo Federal Detention Facility in Batavia, New York, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. §2241. (Dkt. 1). The Court issued a Decision and Order on October 28, 2019 (the “D & O”), finding that Petitioner was entitled to an individualized bond hearing at which the Government bore the burden of proving by clear and convincing evidence that Petitioner poses either a risk of flight or a danger to the community. (Dkt. 11). Judgment granting the Petition in part pursuant to the D & O was entered on October 30, 2019. (Dkt. 12). Presently before the Court is Petitioner’s motion to enforce the Judgment (Dkt. 13) and motion for immediate release (Dkt. 19). Petitioner’s motions are denied for the reasons that follow. BACKGROUND The factual background of this case is set forth in detail in the D & O, familiarity with which is assumed for purposes of this Decision and Order. The Court has summarized the key details below, and includes the relevant developments since the Court’s issuance of the D & O. Petitioner is a native and citizen of Iran whose application for lawful permanent resident status was denied by U.S. Citizenship and Immigration Services (“USCIS”) on June 24, 2017, after USCIS concluded that Petitioner obtained lawful permanent residence in the United States by fraud and willful misrepresentation of material facts, including his name, date of birth, and experiences in Iran, to obtain an immigration benefit. (Dkt. 5-1 at

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