Ogunbanke v. Nielsen et al

Filing 5

ORDER to SHOW CAUSE why the Petition Should not be Granted signed by Magistrate Judge Jeremy D. Peterson on 06/19/2018. Show Cause Response due by 8/7/2018.(Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TAYO OLUGBOYEGA OGUNBANKE,
Petitioner,

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v.
KIRSTEN NIELSEN, et al.,

Case No. 1:18-cv-00796-JDP
ORDER TO SHOW CAUSE WHY THE
PETITION SHOULD NOT BE GRANTED
ORDER DIRECTING CLERK OF COURT
TO SERVE DOCUMENTS ON UNITED
STATES 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 may apply to Section 2241 proceedings. See

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

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

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“plainly 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 is a

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noncitizen detained by respondents pending removal proceedings. He claims that he has been

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detained in by the Department of Homeland Security since February 21, 2012. (See id. ¶ 19.) He

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also states that he has been detained by ICE for more than eight months and has not had a bond

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hearing. (See id. ¶ 20.) The undersigned will require a response to the petition, set a 45-day

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briefing schedule, and order service of documents.

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For these reasons,

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1.

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Respondents must submit a return to the order to show cause within forty-five (45)
days of the date of service of this order.

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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.

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

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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 release by filing a motion

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to dismiss the petition or other proper motion.

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5.

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

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All motions must be submitted on the record and briefs filed without oral argument unless

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otherwise ordered by the court. See Local Rule 230(l). If any party requires additional time, that

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

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and explain in detail why the party cannot comply with this schedule. Extensions will be granted

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only upon a showing of good cause. 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 19, 2018

/s/

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Jeremy D. Peterson

UNITED STATES MAGISTRATE JUDGE

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