Mousa A.M. Basheer v. Jennings et al

Filing 11

ORDER to SHOW CAUSE why Petition should not be Granted; ORDER DIRECTING Clerk of Court to Serve Documents on U.S. Attorney, signed by Magistrate Judge Jeremy D. Peterson on 06/15/18. Show Cause Response due 45-Day Deadline(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MOUSA AL MAHA BASHEER,
Petitioner,

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v.
DAVID W. JENNINGS, et al.,

Case No. 1:18-cv-00585-JDP
ORDER TO SHOW CAUSE WHY
PETITION SHOULD NOT BE GRANTED
ORDER DIRECTING CLERK OF COURT
TO SERVE DOCUMENTS ON
U.S. ATTORNEY

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Respondents.
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Petitioner is detained by the U.S. Bureau of Immigration and Customs Enforcement

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(“ICE”) and is proceeding pro se with a petition for a writ of habeas corpus under 28 U.S.C.

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§ 2241. This matter is before the court for preliminary review under Rule 4 of the Rules

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Governing Section 2254 Cases, which the court applies to Section 2241 proceedings. See Rules

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Governing Section 2254 Cases, Rule 1(b); 28 U.S.C. § 2243. Under Rule 4, the assigned judge

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must promptly examine the habeas petition and order a response to the petition unless it “plainly

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appears” that the petitioner is not entitled to relief.

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The undersigned has reviewed the petition. (Doc. No. 1.) Petitioner alleges that he was

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born in Sudan, entered the United States as a refugee in 2009, and was detained by ICE in July

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2017. Petitioner contends that his continued detention violates 8 U.S.C. § 1231(a)(6) and is

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unlawful. The undersigned will require a response to the petition, set a 45-day briefing schedule,

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and order service of documents.
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For these reasons,

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1.

Respondents must show cause why the petition should not be granted. The return

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to the order to show cause is due within forty-five (45) days of the date of service

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of this order. Petitioner may file a traverse to the return within ten (10) days of the

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date the return is filed with the court.

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2.

Respondents must file with the return a copy of petitioner’s alien file and all other

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documents relevant to the determination of the issues raised in the petition. See

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Rules Governing Section 2254 Cases, Rule 5.

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3.

If petitioner is released from ICE custody during the pendency of the petition, the

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parties must notify the court within fourteen (14) days of petitioner’s release by

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filing a motion to dismiss the petition or other proper motion.

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4.

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The clerk of the court is directed to serve a copy of the petition on the
U.S. Attorney.

All motions must be submitted on the record and briefs are to be filed without oral

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argument unless otherwise ordered by the court. See Local Rule 230(l). Extensions will be

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granted only upon a showing of good cause. If a party requires an extension, that party should

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file a motion for amendment of the schedule before the relevant deadline has passed and should

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explain in detail why an extension is required. Local Rule 110 applies to this order.

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If the parties fail to notify the court that petitioner has been released, the parties may be
subject to sanctions. See Local Rule 110.

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IT IS SO ORDERED.
Dated:

June 15, 2018

/s/

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Jeremy D. Peterson

UNITED STATES MAGISTRATE JUDGE

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