Lopez-Velazquez v. Johnson et al

Filing 9

ORDER TO SHOW CAUSE. Habeas Answer or Dispositive Motion due by 5/20/2016. Signed by Judge Kandis A. Westmore on 03/21/16. (kawlc2S, COURT STAFF) (Filed on 3/21/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JUAN CARLOS LOPEZ-VELAZQUEZ,

Case No. 16-cv-01226-KAW

Petitioner,
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v.

ORDER TO SHOW CAUSE

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JEH JOHNSON, et al.,

Re: Dkt. No. 1

Respondents.

United States District Court
Northern District of California

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Petitioner Juan Carlos Lopez-Velazquez, an ICE detainee subject to a removal order, has

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filed a petition for writ of habeas corpus. He claims that the entry and enforcement of the removal

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order is barred by the doctrine of res judicata.

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This Court has the power to grant habeas corpus relief. 28 U.S.C. § 2241. The district

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court shall "award the writ or issue an order directing the respondent to show cause why the writ

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should not be granted, unless it appears from the application that the applicant or person detained

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is not entitled thereto." 28 U.S.C. § 2243. Having reviewed the petition, the Court finds that

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Petitioner's claims are potentially colorable under 28 U.S.C. § 2241 and merit an answer from

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Respondents. The Court, therefore, orders Respondents to show cause why a writ of habeas

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corpus should not be granted.

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Accordingly:

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1.

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The Clerk shall serve a copy of this order, the petition, and all attachments thereto

upon Respondents. The Clerk shall also serve a copy of this Order on Petitioner.
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Within 60 days of this order, Respondents shall file an answer conforming in all

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respects to Rule 5 of the Rules Governing § 2254 Cases, showing cause why a writ of habeas

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corpus should not be granted. Respondents shall file the answer together with (a) a memorandum

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of points and authorities, (b) the matters defined in Rule 5 of the Rules Governing § 2254 Cases,

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(c) portions of the record that are relevant to a determination of the issues presented by the

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petition, and (d) a certificate of service. If Petitioner wishes to respond to the answer, he shall do

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so by filing a traverse with the Court and serving it on Respondents within 30 days of his receipt

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of the answer. If Petitioner does not file a traverse, the petition will be deemed submitted and

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ready for decision 30 days after the date Petitioner is served with Respondents' answer.

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3.

Respondents may file a motion to dismiss on procedural grounds in lieu of an

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answer, as set forth in the Advisory Committee Notes to Rule 4 of the Rules Governing § 2254

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Cases. If Respondents files such a motion, Petitioner shall serve and file an opposition or
statement of non-opposition to the motion within 30 days of receipt of the motion. Respondents

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United States District Court
Northern District of California

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shall serve and file a reply within 15 days of receipt of any opposition.

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4.

Respondents shall file a Consent or Declination to Magistrate Judge Jurisdiction on

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or before the date the answer is due.

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IT IS SO ORDERED.

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Dated: 03/21/2016
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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