ANTUNEZ-PADILLA v. Sessions et al
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)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
CASE NO. 18-cv-00476-YGR
ORDER TO SHOW CAUSE
JEFF SESSIONS, ET AL.,
United States District Court
Northern District of California
Petitioner Rony Antunez-Padilla has filed a petition for a writ of habeas corpus pursuant to
28 U.S.C. 2241, challenging the denial of a bond hearing by an immigration judge. Petitioner is in
the custody of Immigration and Customs Enforcement as part of an ongoing removal proceeding.
Petitioner seeks habeas relief arguing that he is entitled to a bond hearing pursuant to Diouf v.
Napolitano, 634 F.3d 1081 (9th Cir. 2011). Here, the claims appear potentially colorable under 28
U.S.C. § 2241 and merit an answer from respondents. Moreover, given the allegation that
petitioner has been detained for over six months, an expedited response is warranted.
Respondents SHALL SHOW CAUSE why petitioner’s claim should not be granted, if that is
their position, by March 22, 2018. If respondents oppose the motion, petitioner shall reply by
April 5, 2018.
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.
Dated: February 14, 2018
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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