Fajardo Marroquin v. Sessions et al

Filing 17

ORDER TO SHOW CAUSE RE: DISMISSAL OF ACTION.Petitioner's Show Cause written Response must be filed by 7/17/2018. The compliance hearing set for 7/20/2018 is VACATED. Signed by Judge Yvonne Gonzalez Rogers on 7/13/18. (fs, COURT STAFF) (Filed on 7/13/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARLIN FAJARDO MARROQUIN,

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Petitioner,

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ORDER TO SHOW CAUSE RE: DISMISSAL OF
ACTION

vs.

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CASE NO. 18-cv-01475-YGR

JEFF SESSIONS, ET AL.,
Respondents.

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United States District Court
Northern District of California

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Petitioner Marlin Fajardo Marroquin is ORDERED TO SHOW CAUSE why this action should
not be dismissed as moot.
On July 3, 2018, the Court issued an order vacating the hearing on petitioner’s amended

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petition for a writ of habeas corpus in light of petitioner’s failure to file a reply to respondents’

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opposition by June 28, 2018. (Dkt. No. 14.) The Court gave petitioner until July 10, 2018 to file

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his reply, or allowed the parties alternatively to file a joint statement providing an update to the

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Court by July 17, 2018 regarding the status of petitioner’s amended petition in light of the

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certification of a class and preliminary injunction ordered in Aleman Gonzalez v. Sessions, 18-cv-

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01869-JSC (“Aleman Gonzalez”). (Id.)

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Petitioner made no filing on July 10, 2018, and on July 11, 2018, respondents filed a

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separate status report explaining that petitioner received a bond hearing before an immigration

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judge (“IJ”) on June 27, 2018 pursuant to the preliminary injunction ordered in Aleman Gonzalez.

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(Dkt. No. 15. at 1.) Respondents’ filing indicates that the IJ denied bond, citing flight risk. (Id.;

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see also Dkt. Nos. 16, 16-1.)1

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Petitioner’s written response to this Order to Show Cause must be filed no later than the

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In light of respondents’ status report, the compliance hearing currently set for July 20,
2018 is hereby VACATED.

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previously-ordered date of July 17, 2018. Failure to respond will be deemed a concession by

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petitioner that the case is moot in light of the bond hearing held on June 27, 2018 and should thus

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be dismissed.

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IT IS SO ORDERED.

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Dated: July 13, 2018
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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United States District Court
Northern District of California

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