Bui v. Holder

Filing 7

ORDER to SHOW CAUSE Why the Petition should not be Granted; ORDER DIRECTING the Clerk of Court to Serve Documents on Respondent signed by Magistrate Judge Jennifer L. Thurston on 4/30/2015. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DUC QUOC BUI,

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Petitioner,

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v.

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ERIC HOLDER,

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Respondent.

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Case No.: 1:15-cv-00636-JLT
ORDER TO SHOW CAUSE WHY THE PETITION
SHOULD NOT BE GRANTED
ORDER DIRECTING THE CLERK OF COURT TO
SERVE DOCUMENTS ON RESPONDENT

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Petitioner is detained by the United States Department of Homeland Security and is proceeding

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with a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. In the instant petition,

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Petitioner alleges that he has been in DHS custody since September 23, 2014 and that he has been

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subject to a final order of removal to Vietnam since October 1, 2014. (Doc. 1, p. 5). Petitioner alleges

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that he is a citizen of Vietnam and lawful resident of the United States who entered the United States in

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as a refugee on August 3, 1995. (Doc. 1, p. 24).

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Petitioner contends that his detention pursuant to 8 U.S.C. § 1231(a)(2) has exceeded the six-

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month presumptive period set forth in Zadvydas v. Davis, 533 U.S. 678, 701 (2001), that his continued

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detention is no longer reasonable, that Respondent has been unable to effect his removal to Vietnam,

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and therefore that his ongoing detention is indefinite, punitive, and violates his substantive and

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procedural due process rights under the Due Process Clause of the Fifth Amendment of the United

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States Constitution. (Doc. 1, p. 10). Petitioner also asserts that his detention under 8 U.S.C. §
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1231(a)(6) exceeds Respondent’s statutory authority. (Id.).
Because Petitioner may be entitled to relief if the claimed violations are proved, Respondent is

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ORDERED TO SHOW CAUSE why the Petition should not be granted. Rule 4, Rules Governing

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Section 2254 Cases; see Rule 1(b), Rule 11, Rules Governing Section 2254 Cases; Fed. R. Civ. P.

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81(a)(2). Along with his response, Respondent SHALL INCLUDE a copy of Petitioner’s Alien File

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and any and all other documentation relevant to the determination of the issues raised in the petition.

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Rule 5 of the Rules Governing Section 2254 Cases. In the event the Petitioner is released from ICE

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custody during the pendency of this Petition, the parties SHALL notify the Court by filing a Motion to

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Dismiss the Petition or other proper pleading. Should the parties fail to notify the Court that Petitioner

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has been released, the parties may be subject to sanctions pursuant to the inherent power of the Court to

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issue sanctions in appropriate cases. See Local Rule 110.

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Accordingly, it is HEREBY ORDERED:

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1.

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 45 days of the date of service of

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this order. Petitioner may file a Traverse to the Return within 10 days of the date the

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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.

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

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Local Rule 230(h). As such, the matter will be taken under submission following the filing of

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Petitioner’s Traverse or the expiration of the time for filing the Traverse. All other briefing in this

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action is suspended.

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IT IS SO ORDERED.
Dated:

April 30, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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