Sarr v. Immigration and Customs Enforcement Field Office Director

Opinion

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5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 SULAYMAN SARR, 9 Petitioner, CASE NO. 2:24-cv-01293-RAJ-BAT 10 v. ORDER ADOPTING REPORT AND RECOMMENDATION 11 BRUCE SCOTT, 12 Respondent.

13 Having reviewed the Report and Recommendation of the Honorable Brian A. Tsuchida, 14 United States Magistrate Judge, any objections or responses to that, and the remaining record, 15 the Court finds and ORDERS: 16 (1) The Court ADOPTS the Report and Recommendation. 17 (2) Petitioner’s federal habeas petition (Dkt. 6) is GRANTED in part and DENIED in 18 part. The habeas petition (Dkt. 6) is GRANTED as to petitioner’s due process claim and request 19 for a bond hearing and DENIED in all other respects. 20 (3) The Government’s motion to dismiss (Dkt. 9) is GRANTED in part and DENIED 21 in part. The motion is DENIED as to petitioner’s due process claim and request for a bond 22 hearing and GRANTED in all other respects. 23 1 (4) Within 30 days of the date of this order the Government shall provide Petitioner 2 with an individualized bond hearing that complies with the requirements set forth in Singh v. 3 Holder, 638 F.3d 1196 (9th Cir. 2011). 4 (5) Petitioner’s request for a temporary restraining order (“TRO”) (Dkt. 6) is

5 DENIED as moot. 6 (6) Petitioner’s motion to substitute the Respondent (Dkt. 12) is GRANTED. Bruce 7 Scott, the warden of NWIPC, is substituted as the Respondent in this action. The Clerk is 8 directed to update the docket accordingly. 9 (7) The Clerk is directed to send copies of this Order to the parties and to Judge 10 Tsuchida. 11 Dated this 4th day of February, 2025. 12 A

13 The Honorable Richard A. Jones 14 United States District Judge 15 16 17 18 19 20 21 22 23