UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ESLAM MOHAMED KATAB, Petitioner, 23-CV-02764 (AS) -against- US IMMIGRATIONS AND CUSTOMS ORDER ENFORCEMENT, et al., Respondents. ARUN SUBRAMANIAN, United States District Judge: The motion for an adjournment is granted. Dkt. 32. The hearing previously set for October 16, 2023, will now take place on Tuesday, October 24, 2023, at 11:30 am. Given that the petitioner has been held in detention for over two years, and that he apparently never received a bond hearing to determine whether he poses a risk of danger or flight (because his initial hearing consisted of a judge simply finding that he was subject to mandatory detention), the Government should consider whether it will, given the unique circumstances of this case, voluntarily agree to provide a hearing to petitioner. See Arce-Ipanaque v. Decker, No. 19-CV- 1076 (JMF),

, at *3 (S.D.N.Y. May 15, 2019) (in case arising under Section 1226(c) where petitioner had been detained for almost two years, ordering individualized bond hearing at which “the Government must ... demonstrate dangerousness or risk of flight by a clear and convincing standard” (internal quotation marks and citation omitted)). SO ORDERED. Dated: October 10, 2023 New York, New York

ARUN SUBRAMANIAN United States District Judge