Yang v. Sessions et al

Filing 6

ORDER TO SHOW CAUSE. Signed by Magistrate Judge Jacqueline Scott Corley on 6/12/2017. (ahm, COURT STAFF) (Filed on 6/12/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TONGJIN YANG,

Case No. 17-cv-03007-JSC

Plaintiff,
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ORDER TO SHOW CAUSE

v.
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JEFFERSON SESSIONS, et al.,

Re: Dkt. No. 1

Defendants.

United States District Court
Northern District of California

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Petitioner, a prisoner of U.S. Immigration and Customs Enforcement (“ICE”), filed a habeas

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corpus petition pursuant to 28 U.S.C. § 2241 challenging his detention in an ICE facility for over 180

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days. Petitioner makes three claims: (1) statutory violation of 8 U.S.C. 1231(a)(6); (2) Fifth

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Amendment substantive due process; and (3) Fifth Amendment procedural due process.

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These claims, when liberally construed, are cognizable and potentially meritorious. Good

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cause appearing, respondents are hereby ordered to show cause why the petition should not be

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granted.

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In order to expedite the resolution of this case, it is further ordered as follows:

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1. The Clerk shall serve respondents with a copy of this order and the petition with all

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attachments.

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2. Respondents shall file with the court and serve on petitioner, within 60 days of service

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of the petition and this order, an answer showing cause why a writ of habeas corpus should not be

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granted based on the claims found cognizable herein. Respondents shall file with the answer and

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serve on petitioner a copy of all portions of the deportation record that have been transcribed

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previously and that are relevant to a determination of the issues presented by the petition.

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If petitioner wishes to respond to the answer, he shall do so by filing a traverse with the
court and serving it on respondents within 30 days of the date the answer is filed.
3. Respondents may file, within 60 days, a motion to dismiss on procedural grounds in

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lieu of an answer. If Respondents files such a motion, petitioner shall file with the court and serve

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on respondents an opposition or statement of non-opposition within 30 days of the date the motion

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is filed, and respondents shall file with the court and serve on petitioner a reply within 14 days of

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the date any opposition is filed.

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4. The Clerk shall send a notice to petitioner and respondents regarding consenting to the
jurisdiction of a magistrate judge.

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: June 12, 2017

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________________________
JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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