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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 TONGJIN YANG, Case No. 17-cv-03007-JSC Plaintiff, 8 ORDER TO SHOW CAUSE v. 9 10 JEFFERSON SESSIONS, et al., Re: Dkt. No. 1 Defendants. United States District Court Northern District of California 11 12 13 Petitioner, a prisoner of U.S. Immigration and Customs Enforcement (“ICE”), filed a habeas 14 corpus petition pursuant to 28 U.S.C. § 2241 challenging his detention in an ICE facility for over 180 15 days. Petitioner makes three claims: (1) statutory violation of 8 U.S.C. 1231(a)(6); (2) Fifth 16 Amendment substantive due process; and (3) Fifth Amendment procedural due process. 17 These claims, when liberally construed, are cognizable and potentially meritorious. Good 18 cause appearing, respondents are hereby ordered to show cause why the petition should not be 19 granted. 20 In order to expedite the resolution of this case, it is further ordered as follows: 21 1. The Clerk shall serve respondents with a copy of this order and the petition with all 22 attachments. 23 2. Respondents shall file with the court and serve on petitioner, within 60 days of service 24 of the petition and this order, an answer showing cause why a writ of habeas corpus should not be 25 granted based on the claims found cognizable herein. Respondents shall file with the answer and 26 serve on petitioner a copy of all portions of the deportation record that have been transcribed 27 previously and that are relevant to a determination of the issues presented by the petition. 28 1 2 3 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 4 lieu of an answer. If Respondents files such a motion, petitioner shall file with the court and serve 5 on respondents an opposition or statement of non-opposition within 30 days of the date the motion 6 is filed, and respondents shall file with the court and serve on petitioner a reply within 14 days of 7 the date any opposition is filed. 8 9 4. The Clerk shall send a notice to petitioner and respondents regarding consenting to the jurisdiction of a magistrate judge. 10 United States District Court Northern District of California 11 12 IT IS SO ORDERED. Dated: June 12, 2017 13 ________________________ JACQUELINE SCOTT CORLEY United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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