Pulido v. Sessions et al

Filing 8

ORDER TO SHOW CAUSE Signed by Judge Alsup on 8/10/2017. (whalc1S, COURT STAFF) (Filed on 8/10/2017) (Additional attachment(s) added on 8/10/2017: # 1 Certificate/Proof of Service) (dl, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JOSE GUTIERREZ PULIDO,
Petitioner,

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For the Northern District of California

United States District Court

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No. C 17-03683 WHA

v.
JEFF SESSIONS, U.S. Attorney General;
JOHN KELLY, Secretary of Homeland
Security; JUAN OSUNA, Acting Director,
Executive Office for Immigration Review;
ROBIN BARRETT, San Francisco ICE Field
Office Director,

ORDER TO SHOW CAUSE

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Respondents.
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Petitioner Jose Gutierrez Pulido has filed a petition for a writ of habeas corpus pursuant to
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28 U.S.C. 2241, challenging the denial of a bond hearing by an immigration judge. Petitioner is
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in the custody of Immigration and Customs Enforcement as part of an ongoing removal proceeding.
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Petitioner seeks habeas relief arguing that he is entitled to a bond hearing pursuant to Diouf v.
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Napolitano, 634 F.3d 1081 (9th Cir. 2011). Here, the claims appear potentially colorable under 28
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U.S.C. § 2241 and merit an answer from respondents.
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Respondents SHALL SHOW CAUSE why petitioner Jose Gutierrez Pulido’s claim should not
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be granted, if that is their position, within

SIXTY DAYS

of receipt of this order. If respondents

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oppose the motion, petitioner shall have THIRTY DAYS from submission of the opposition to reply.
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The clerk shall SERVE this order on petitioner and respondents.
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IT IS SO ORDERED.
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Dated: August 9, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE