Matute v. Attorney General et al

Filing 11

ORDER to SHOW CAUSE Why the Petition Should Not Be Granted, signed by Magistrate Judge Dennis L. Beck on 2/17/10: Show Cause Response due by 4/7/2010.(Hellings, J)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 ATTORNEY GENERAL, et.al., 13 Respondents. 14 15 Petitioner is detained by the Immigration and Customs Enforcement ("ICE") and is 16 proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. 17 In the petition filed, Petitioner alleges that his detention pursuant to 8 U.S.C. § 1231(a)(2) 18 is indefinite and violates his substantive and procedural due process rights under the Due Process 19 Clause of the Fifth Amendment of the United States Constitution. Petitioner also asserts that his 20 detention is in violation of Respondent's statutory authority. 21 Because Petitioner may be entitled to relief if the claimed violations are proved, 22 Respondent IS ORDERED TO SHOW CAUSE why the Petition should not be granted. Rule 4, 23 Rules Governing Section 2254 Cases; see Rule 1(b), Rule 11, Rules Governing Section 2254 24 Cases; Fed. R. Civ. P. 81(a)(2). Respondent SHALL INCLUDE a copy of Petitioner's Alien File 25 and any and all other documentation relevant to the determination of the issues raised in the 26 petition. Rule 5 of the Rules Governing Section 2254 Cases. In the event the Petitioner is 27 released from BICE custody during the pendency of this Petition, the parties SHALL notify the 28 1 / v. MAYK MATUTE, Petitioner, 1:09-cv-01196-DLB (HC) ORDER TO SHOW CAUSE WHY THE PETITION SHOULD NOT BE GRANTED

UNITED STATES DISTRICT COURT

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Court by filing a Motion to Dismiss the Petition or other proper pleading. Should the parties fail to notify the Court that Petitioner has been released, the parties may be subject to sanctions pursuant to the inherent power of the Court to issue sanctions in appropriate cases. See Local Rule 11-110. Accordingly, IT IS HEREBY ORDERED: 1. Respondent is ORDERED TO SHOW CAUSE why the Petition should not be granted. The Return to the Order to Show Cause is due within FORTY-FIVE (45) days of the date of service of this order. Petitioner may file a Traverse to the Return within TEN (10) days of the date the Return to the Order to Show Cause is filed with the Court.1 The Court has determined that this matter is suitable for decision without oral argument pursuant to Local Rule 78-230(h). As such, the matter will be taken under submission following the filing of Petitioner's Traverse or the expiration of the time for filing the Traverse. All other briefing in this action is suspended.

IT IS SO ORDERED. Dated: 3b142a

February 17, 2010

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

Respondent is advised that a scanned copy of the petition for writ of habeas corpus is available through th e Court's Electronic Case Filing System ("CM/ECF").

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