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United States District Court for the Middle District of Georgia, Valdosta Division
November 16, 2020, Decided; November 16, 2020, Filed
Civil Case No.: 7:20-CV-93 (HL)
This case is before the Court on the Recommendation of United States Magistrate Judge Stephen Hyles regarding Petitioner Jinxu Gao's habeas application. (Doc. 30). The Magistrate Judge recommends dismissing each of Petitioner's habeas claims. (Id.). Petitioner timely objected to the Magistrate Judge's Recommendation. (Doc. 31). On October 29, 2020, this Court held oral argument via Zoom concerning Petitioner's objections. (Docs. 36, 37). The Court examined the record in this case, and with the benefit of oral argument, made a de novo review of the Recommendation. The Court concludes that placing the burden of proof on Petitioner at his bond hearing violated the [*1333] Fifth Amendment's Due Process Clause.1 Accordingly, [**2] the Court rejects the Recommendation and GRANTS in part Petitioner's application for habeas relief.
I. FACTUAL BACKGROUND
Petitioner does not object to the Recommendation's factual findings. The Court adopts the Recommendation's background and will briefly summarize the facts here. Petitioner is a 52-year-old citizen of the People's Republic of China. He was admitted to the United States legally on a valid B-1 visa as a temporary visitor conducting business. His visa expired on October 18, 2014, and he continued to reside in the United States unlawfully. On December 2, 2018, a U.S. Immigration and Customs Enforcement ("ICE") officer took Petitioner into custody following a traffic offense.
Petitioner received a bond hearing before an immigration judge ("IJ") at the Atlanta Immigration Court on January 22, 2019. (Doc. 1-7, p. 2). The IJ denied bond, finding that Petitioner failed to meet his burden to demonstrate that he was not a flight risk. (Id. at p. 5). The IJ's decision was based solely on risk of flight; the IJ did not suggest that Petitioner posed a danger to the community. (Id.).
During the same time Petitioner sought release on bond, his asylum application was also under review. He filed [**3] his application for asylum on January 8, 2019. That application was denied on February 15, 2019, and the IJ ordered Petitioner to be removed to China. Petitioner appealed the denial of his asylum application to the Board of Immigration Appeals ("BIA"). On August 9, 2019, the BIA affirmed in part and reversed in part the IJ's denial of Petitioner's asylum application. (Doc. 1-3). The BIA remanded the case to the IJ for further proceedings. (Id.).
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501 F. Supp. 3d 1331 *; 2020 U.S. Dist. LEXIS 222083 **
J.G., Petitioner, v. WARDEN, IRWIN COUNTY DETENTION CENTER, et al., Defendant.
Subsequent History: Appeal dismissed by Jinxu Gao v. Paulk, 2021 U.S. App. LEXIS 22065 (11th Cir. Ga., May 18, 2021)
Prior History: J.G. v. Warden, 501 F. Supp. 3d 1331, 2020 U.S. Dist. LEXIS 222583 (M.D. Ga., July 17, 2020)
noncitizen, immigration, detention, Recommendation, erroneous deprivation, burden of proof, incarcerated, flight risk, deprivation, detained, governmental interest, convincing, due process, danger to the community, circumstances, resources, asylum, cases, removal proceedings, present evidence, courts, weighs, civil confinement, private interest, redetermination, proceedings, border, fiscal, alien, faces