ANTUNEZ-PADILLA v. Sessions et al

Filing 9

ORDER TO SHOW CAUSE Respondents show cause filing due by 3/22/2018. Petitioner's reply 4/5/18.Hearing set 4/17/18 at 2:00 PM in Courtroom 1, Oakland before Judge Hon. Yvonne Gonzalez Rogers. Signed by Judge Yvonne Gonzalez Rogers on 2/14/2018. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 2/14/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RONY ANTUNEZ-PADILLA,
Petitioner,

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CASE NO. 18-cv-00476-YGR
ORDER TO SHOW CAUSE

vs.
JEFF SESSIONS, ET AL.,
Respondents.

United States District Court
Northern District of California

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Petitioner Rony Antunez-Padilla 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 in

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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. Moreover, given the allegation that

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petitioner has been detained for over six months, an expedited response is warranted.

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Respondents SHALL SHOW CAUSE why petitioner’s claim should not be granted, if that is

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their position, by March 22, 2018. If respondents oppose the motion, petitioner shall reply by

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April 5, 2018.

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The clerk shall SERVE this order on petitioner and respondents.
The Court sets the matter for hearing on Tuesday, April 17, 2018, at 2:00 p.m., in
Courtroom 1 of the United States Courthouse located at 1301 Clay Street in Oakland, California.
IT IS SO ORDERED.

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Dated: February 14, 2018
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE