Le v. Youngblood et al

Filing 9

ORDER to SHOW CAUSE Why the Petition Should Not be Granted; ORDER Directing the Clerk to Serve Documents on Respondent, signed by Magistrate Judge Jennifer L. Thurston on 5/4/11. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 NGUYEN LE,
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Petitioner,
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v.
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ERIC HOLDER, JR., et. al.,
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Respondents.
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____________________________________)

1:11-cv-00668 HC
ORDER TO SHOW CAUSE WHY THE
PETITION SHOULD NOT BE GRANTED
ORDER DIRECTING THE CLERK TO
SERVE DOCUMENTS ON RESPONDENT

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Petitioner is detained by the United States Bureau of Immigration and Customs Enforcement

19 (“ICE”) and is proceeding through counsel with a Petition for a Writ of Habeas Corpus pursuant to 28
20 U.S.C. § 2241.
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In the petition filed, Petitioner alleges that he is a native of Vietnam, that he is subject to a

22 final order of removal from the United States as of June 9, 2010, and that he has been in continuous
23 custody of ICE since December 3, 2009. (Doc. 1, p. 2). Petitioner alleges that his detention is
24 unlawful under 8 U.S.C. § 1231(a) and that it also violates his substantive and procedural due process
25 rights under the Due Process Clause of the Fifth Amendment of the United States Constitution. (Doc.
26 1, pp. 7-8).
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Because Petitioner may be entitled to relief if the claimed violations are proved, Respondent

28 IS ORDERED TO SHOW CAUSE why the Petition should not be granted. Rule 4, Rules Governing
U .S. D istrict C ourt
E. D . C alifornia

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1 Section 2254 Cases; see Rule 1(b), Rule 11, Rules Governing Section 2254 Cases; Fed. R. Civ. P.
2 81(a)(2). Respondent SHALL INCLUDE a copy of Petitioner’s Alien File and any and all other
3 documentation relevant to the determination of the issues raised in the petition. Rule 5 of the Rules
4 Governing Section 2254 Cases. In the event the Petitioner is released from ICE custody during the
5 pendency of this Petition, the parties SHALL notify the Court by filing a Motion to Dismiss the
6 Petition or other proper pleading. Should the parties fail to notify the Court that Petitioner has been
7 released, the parties may be subject to sanctions pursuant to the inherent power of the Court to issue
8 sanctions in appropriate cases. See Local Rule 110.
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Accordingly, IT IS HEREBY ORDERED:
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Respondent is ORDERED TO SHOW CAUSE why the Petition should not be granted.

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The Return to the Order to Show Cause is due within FORTY-FIVE (45) days of the

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date of service of this order. Petitioner may file a Traverse to the Return within TEN

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(10) days of the date the Return to the Order to Show Cause is filed with the Court.

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2.

The Clerk of the Court is DIRECTED to SERVE a copy of the Petition for Writ of
Habeas Corpus on the United States Attorney.

The Court has determined that this matter is suitable for decision without oral argument

17 pursuant to Local Rule 230(h). As such, the matter will be taken under submission following the
18 filing of Petitioner’s Traverse or the expiration of the time for filing the Traverse. All other briefing
19 in this action is suspended.
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21 IT IS SO ORDERED.
22 Dated: May 4, 2011
9j7khi
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/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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U .S. D istrict C ourt
E. D . C alifornia

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