Ortega-Rangel v. Sessions et al

Filing 4

ORDER TO SHOW CAUSE. Habeas Answer or Dispositive Motion due by 6/4/2018. Signed by Magistrate Judge Jacqueline Scott Corley on 4/3/2018. (ahm, COURT STAFF) (Filed on 4/3/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARIA ORTEGA-RANGEL,

Case No. 18-cv-01618-JSC

Petitioner,
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ORDER TO SHOW CAUSE

v.
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JEFFERSON B. SESSIONS, et al.,

Re: Dkt. No. 1

Respondents.

United States District Court
Northern District of California

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Petitioner, a prisoner of U.S. Department of Homeland Security (“DHS”), filed a habeas

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corpus petition pursuant to 28 U.S.C. §§ 2241 and 2243 challenging her detention at the West County

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Detention Facility. Petitioner has paid the $5.00 filing fee. Petitioner makes three claims: (1) that

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Petitioner had no meaningful access to challenge the charges that are the basis of Petitioner’s detention

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in violation of Fifth Amendment due process and the right to be free from self-incrimination, (2) the

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immigration judge’s reliance on pending charges that have not resulted in a conviction to find that

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Petitioner is a danger to the community violated Petitioner’s right to due process, and (3) the

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immigration judge’s decision to hold Petitioner without bond while ignoring key facts in Petitioner’s

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case violated Petitioner’s statutory right to a bond hearing and 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 ordered to show cause as to 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.
2. Respondents shall file with the Court and serve on Petitioner, within three days of

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service of the petition and this order, an answer showing cause why a writ of habeas corpus should

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not be granted based on the claims found cognizable herein. See 28 U.S.C. § 2243 (an order to

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show cause is directed to the person having custody of the person detained and shall be returned

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within three days).

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If Petitioner wishes to respond to the answer, she shall do so by filing a traverse with the
court and serving it on Respondents within two days of the date the answer is filed.
3. The Clerk shall send a notice to 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: April 3, 2018

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________________________
JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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