Perez v. Mims

Filing 9

Temporary Stay of Execution; ORDER, signed by Magistrate Judge Sheila K. Oberto on 12/29/16. Petitioner's Opening Brief, January 6, 2017; Respondent's Responsive Brief, January 13, 2017; and Petitioner's Reply, if any, January 18, 2017. Petitioner's motion for stay is set for hearing on January 25, 2017, at 9:30 a.m. in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ELIAS MENDOZA PEREZ,

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Petitioner,

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No. 1:16-cv-01935-SKO HC
TEMPORARY STAY OF EXTRADITION

v.
MARGARET MIMS, Warden, Fresno
County Jail,
(Doc. 4)
Respondent.

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Petitioner Elias Mendoza Perez is a federal prisoner detained in the Fresno County Jail

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pending extradition to Mexico pursuant to a Certification of Extraditability and Order of
Commitment filed March 11, 2016 in this Court. United States of America v. Perez (1:15-mj00074-SKO), Doc. 38. On December 27, 2017, the United States Secretary of State issued a
decision to extradite Petitioner. On December 28, 2016, Petitioner filed a petition for habeas
corpus pursuant to 28 U.S.C. § 2241 and moved ex parte for a stay of extradition pending its
resolution.
To obtain a stay of extradition, Petitioner must demonstrate (1) the probability of success

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on the merits and irreparable injury, and (2) that his petition raises serious legal issues and that
the balance of hardships tip in Petitioner’s favor. Artukovic v. Rison, 784 F.2d 1354, 1355-56 (9th
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Cir. 1986). Petitioner’s ex parte submission is insufficient to permit the Court to rule on the

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motion for a stay pending resolution of the habeas petition.

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Accordingly, it is hereby ORDERED:

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1.

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Petitioner and Respondent shall fully brief the question of
the propriety of the issuance of a stay as follows:
a. Petitioner’s Opening Brief, January 6, 2017;

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b. Respondent’s Responsive Brief, January 13, 2017; and

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c. Petitioner’s Reply, if any, January 18, 2017.

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2.

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Petitioner’s motion for stay is set for hearing on January 25,
2017, at 9:30 a.m.

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Petitioner’s extradition to Mexico is temporarily stayed
pending resolution on the merits of his motion for stay on
January 25, 2017.

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IT IS SO ORDERED.
Dated:

December 29, 2016

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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