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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1 2 IN THE UNITED STATES DISTRICT COURT 3 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 7 8 JOSE GUTIERREZ PULIDO, Petitioner, 9 11 For the Northern District of California United States District Court 10 12 13 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 14 Respondents. / 15 16 Petitioner Jose Gutierrez Pulido has filed a petition for a writ of habeas corpus pursuant to 17 28 U.S.C. 2241, challenging the denial of a bond hearing by an immigration judge. Petitioner is 18 in the custody of Immigration and Customs Enforcement as part of an ongoing removal proceeding. 19 Petitioner seeks habeas relief arguing that he is entitled to a bond hearing pursuant to Diouf v. 20 Napolitano, 634 F.3d 1081 (9th Cir. 2011). Here, the claims appear potentially colorable under 28 21 U.S.C. § 2241 and merit an answer from respondents. 22 Respondents SHALL SHOW CAUSE why petitioner Jose Gutierrez Pulido’s claim should not 23 be granted, if that is their position, within SIXTY DAYS of receipt of this order. If respondents 24 oppose the motion, petitioner shall have THIRTY DAYS from submission of the opposition to reply. 25 The clerk shall SERVE this order on petitioner and respondents. 26 27 IT IS SO ORDERED. 28 Dated: August 9, 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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