Sotomayor-Rodriguez v. On Habeas Corpus

Filing 5

ORDER to SHOW CAUSE Why the Petition should not be Granted; ORDER DIRECTING Clerk of Court to Serve Documents on Respondent; Show Cause Response due within Forty-Five (45) Days signed by Magistrate Judge Jennifer L. Thurston on 2/28/2018. (Sant Agata, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

EMILIO SOTOMAYOR-RODRIGUEZ,

12
13
14
15
16
17

Petitioner,

No. 1:17-cv-01721-JLT (HC)
ORDER TO SHOW CAUSE WHY THE
PETITION SHOULD NOT BE GRANTED

v.
UNITED STATES BUREAU OF
IMMIGRATION AND CUSTOMS
ENFORCEMENT AND DEPARTMENT
OF HOMELAND SECURITY,

ORDER DIRECTING THE CLERK OF
COURT TO SERVE DOCUMENTS ON
RESPONDENT

Respondents.

18
19

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

20

Enforcement (“ICE”) and is proceeding with a Petition for a Writ of Habeas Corpus pursuant to

21

28 U.S.C. § 2241. In his First Amended Petition, Petitioner indicates he was placed into ICE

22

custody on June 7, 2017, and he has remained in detention for over eight months. (Doc. 4.) He

23

alleges he is a citizen of Cuba who is not deportable; however, ICE refuses to release him on an

24

order of supervision. Petitioner appears to contend that his detention has exceeded the six-month

25

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

26

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

27

that there is no significant likelihood of such removal in the reasonably foreseeable future, and

28

therefore that his ongoing detention is indefinite and violates his substantive and procedural due
1

1

process rights.

2

Because Petitioner may be entitled to relief if the claimed violations are proved,

3

Respondent SHALL show cause why the Petition should not be granted. Rule 4, Rules

4

Governing Section 2254 Cases; see Rule 1(b), Rule 11, Rules Governing Section 2254 Cases;

5

Fed. R. Civ. P. 81(a)(2). Respondent SHALL include a copy of Petitioner’s Alien File and any

6

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

7

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

8

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

9

Motion to Dismiss the Petition or other proper pleading. Should the parties fail to notify the

10

Court that Petitioner has been released, the parties may be subject to sanctions pursuant to the

11

inherent power of the Court to issue sanctions in appropriate cases. See Local Rule 110.

12

Accordingly, the Court ORDERS:

13

1.

Respondent is SHALL show cause why the Petition should not be granted. The

14

Return to the Order to Show Cause is due within 45 days of the date of service of this order.

15

Petitioner may file a Traverse to the Return within 10 days of the date the Return to the Order to

16

Show Cause is filed with the Court.

17

2.

18

Corpus on the United States Attorney.

19

The Clerk of the Court is DIRECTED to serve a copy of the Petition for Writ of Habeas

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

20

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

21

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

22

briefing in this action is suspended.

23
24
25

IT IS SO ORDERED.
Dated:

February 28, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

26
27
28
2