DePaz v. DHO ICE

Filing 3

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 6/20/2018: 45-Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAFAEL FRANCISCO DEPAZ,
Petitioner,

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v.

Case No. 1:18-cv-00820-JDP
ORDER TO SHOW CAUSE WHY
PETITION SHOULD NOT BE GRANTED
ORDER DIRECTING CLERK OF COURT
TO SERVE DOCUMENTS ON
U.S. ATTORNEY

DHO ICE,

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Respondent.
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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 has

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been detained by ICE for 13 months without receiving a bond hearing. Petitioner contends that

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his continued detention violates his due process rights and is unlawful. The undersigned will

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require a response to the petition, set a 45-day 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 file 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 date the
return is filed with the court.

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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 petitioner’s release.

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Such notice may be in the form of a motion to dismiss the petition or other proper

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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.

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

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

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extensions 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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IT IS SO ORDERED.
Dated:

June 20, 2018

/s/

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Jeremy D. Peterson

UNITED STATES MAGISTRATE JUDGE

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