Santiago Perez v. Murray et al

Filing 3

ORDER TO SHOW CAUSE. Habeas Answer or Dispositive Motion due by 5/11/2018. Signed by Magistrate Judge Jacqueline Scott Corley on 3/12/2018. (ahm, COURT STAFF) (Filed on 3/12/2018)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MAXIMINO SANTIAGO PEREZ, Case No. 18-cv-01437-JSC Plaintiff, 8 ORDER TO SHOW CAUSE v. 9 10 RON MURRAY, et al., Re: Dkt. No. 1 Defendants. United States District Court Northern District of California 11 12 13 Petitioner, a detainee in immigration custody, filed a habeas corpus petition pursuant to 28 14 U.S.C. § 2241. Petitioner has paid the $5.00 filing fee. His petition sets forth four claims 15 challenging the constitutionality of petitioner’s detention: (1) statutory violations of 8 U.S.C. § 16 1231(a) and 8 U.S.C. § 1226(c), (2) violation of Fifth Amendment substantive due process, (3) 17 violation of the Fourteenth Amendment, and (4) violation of Fifth Amendment procedural due 18 process. (Dkt. No. 1 at 9-11.) 19 These claims, when liberally construed, are cognizable and potentially meritorious. Good 20 cause appearing, Respondent is hereby ordered to show cause why the petition should not be 21 granted. 22 In order to expedite the resolution of this case, it is further ordered as follows: 23 1. The Clerk shall serve respondent and the respondent’s attorney, the Attorney General of 24 25 the United States, with a copy of this order and the petition with all attachments. 2. Respondent shall file with the court and serve on petitioner, within 60 days of service of 26 the petition and this order, an answer showing cause why a writ of habeas corpus should not be 27 granted based on the claims found cognizable herein. Respondent shall file with the answer and 28 serve on petitioner a copy of all portions of the administrative record that have been transcribed 1 2 3 4 5 previously and that are relevant to a determination of the issues presented by the petition. If petitioner wishes to respond to the answer, he shall do so by filing a traverse with the court and serving it on Respondent within 30 days of the date the answer is filed. 3. The Clerk shall send notice to respondent regarding consenting to the jurisdiction of a magistrate judge. 6 7 8 9 IT IS SO ORDERED. Dated: March 12, 2018 10 ________________________ JACQUELINE SCOTT CORLEY United States Magistrate Judge United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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