Slim v. Nielson et al

Filing 7

ORDER TO SHOW CAUSE. Habeas Answer or Dispositive Motion due by 6/22/2018. Signed by Magistrate Judge Donna M. Ryu on 6/8/2018. (dmrlc1, COURT STAFF) (Filed on 6/8/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BECHIR SLIM,

Case No. 18-cv-02816-DMR

Plaintiff,
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v.

ORDER TO SHOW CAUSE

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KIRSTJEN NIELSON, et al.,
Defendants.

United States District Court
Northern District of California

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Petitioner Bechir Slim, who is in the custody of the Department of Homeland Security, has

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filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. [Docket No. 1.] He

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alleges that he has been detained at the West County Detention Facility in Richmond, California

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for over six months without a bond hearing before an immigration judge. Petitioner alleges his

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continued detention violates his Fifth Amendment right to due process.

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He names four individuals as Respondents: Kirstjen Nielsen, Secretary of the U.S.

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Department of Homeland Security; Jefferson Beauregard Sessions III, Attorney General of the

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United States; Erik Bonnar, Acting Field Office Director, U.S. Immigration and Customs

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Enforcement; and David Livingstone, Warden of the West County Detention Center.

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This action has been assigned to the undersigned Magistrate Judge. Pursuant to 28 U.S.C.

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§ 636(c), with written consent of all parties, a magistrate judge may conduct all proceedings in a

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case, including entry of judgment. Appeal will be directly to the United States Court of Appeals

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for the Ninth Circuit. See 28 U.S.C. § 636(c)(3). On May 14, 2018, Petitioner consented to

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magistrate judge jurisdiction in this matter. [Docket No. 6.]
ORDER TO SHOW CAUSE

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Good cause appearing, the court hereby issues the following orders:

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1.

The Clerk of the Court shall serve a Magistrate Judge jurisdiction consent form, a

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copy of this Order, as well as the petition and all attachments thereto on Respondents and shall

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serve copies of these documents to the U.S. Attorney for the Northern District of California.

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2.

By June 22, 2018, Respondents shall complete and file the Magistrate Judge

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jurisdiction consent form to indicate whether they consent or decline to proceed before the

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assigned Magistrate Judge. Respondents are free to withhold consent without adverse

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consequences. If Respondents consent to a Magistrate Judge’s jurisdiction, this case will be

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handled by the undersigned Magistrate Judge. If Respondents decline, the case will be reassigned

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to a District Judge. Whether Respondents consent or decline to proceed before the assigned

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Magistrate Judge, the parties shall abide by the briefing schedule below.

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3.

By June 22, 2018, Respondents shall respond by answering the allegations and

showing cause why a writ of habeas corpus should not issue, or by filing a motion to dismiss on

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procedural grounds;

July 6, 2018.
Any reply by Respondents shall be filed by July 13, 2018.

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Dated: June 8, 2018

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RDERE

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______________________________________
IT IS S
Donna M. Ryu
United States Magistrate Judge
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IT IS SO ORDERED.

UNIT
ED

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S DISTRICT
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M. Ryu

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onna
Judge D

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Petitioner’s traverse, opposition, or statement of non-opposition shall be filed by

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4.

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United States District Court
Northern District of California

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