Hawke v. United States Department of Homeland Security, et al

Filing 4

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 8/10/2007 09:00 AM. Show Cause Response due by 8/3/2007. Signed by Judge Whyte on 7/16/07. (rmwlc2, COURT STAFF) (Filed on 7/16/2007)

Hawke v. United States Department of Homeland Security, et al

Doc. 4

Case 5:07-cv-03456-RMW

Document 4

Filed 07/16/2007

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner Mark Hawke seeks an order requiring the United States Department of Homeland Security, Immigration and Citizenship Services, to produce records pertaining to the application of his wife Lucia Herrera Hawke (aka Lucia Herrera Marquez) to obtain permanent resident status under the Violence Against Women Act (file # A97879961). Petitioner is a defendant in a state criminal complaint in which it is alleged that he committed spousal abuse on September 25, 2006. The District Attorney has given notice that it may offer acts of domestic violence other than the alleged September 25, 2006 act, and defendant believes that the records sought may contain information pertinent to his defense. Petitioner seeks to have the records produced for in camera review by the Honorable Raymond Davilla of the Superior Court of Santa Clara, the judge presiding over the criminal complaint, so that he can make a determination whether petitioner is entitled to
ORDER TO SHOW CAUSE--No. C-07-03456 RMW

E-FILED on

7/16/07

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

MARK HAWKE, Petitioner, v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY, CITIZENSHIP AND IMMIGRATION SERVICES, Defendants.

No. C-07-03456 RMW ORDER TO SHOW CAUSE [Re Docket No. 1]

Dockets.Justia.com

Case 5:07-cv-03456-RMW

Document 4

Filed 07/16/2007

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

inspect such records under California Penal Code § 1326. Petitioner has been unable to get his wife to consent to production of the records, and the U.S. Citizenship and Immigration Services has advised that a federal court order is required for production of the type of records sought. Good cause appearing, the court issues an Order to Show Cause to the Director of Homeland Security, U.S. Citizenship and Immigration Services, to show cause before this court on August 10, 2007 at 9:00 a.m. in courtroom 6 as to why the documents described in Exhibit A attached hereto should not be produced to this court for in camera review and determination as to whether they should be produced to the Honorable Raymond Davilla for his in camera review for possible production in the state criminal proceedings. The petition, memorandum of points and authorities in support thereof and this order shall be served on the Office of the Chief Counsel, U.S. Department of Homeland Security, all parties to the state court proceedings and Lucia Herrera Hawke (aka Lucia Herrera Marquez) by July 20, 2007. Any response must be filed by August 3, 2007.

DATED:

7/16/07

RONALD M. WHYTE United States District Judge

ORDER TO SHOW CAUSE--No. C-07-03456 RMW

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Case 5:07-cv-03456-RMW

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Case 5:07-cv-03456-RMW

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Notice of this document has been electronically sent to: Counsel for Plaintiff: David John Luca Counsel for Defendant: No appearance Counsel are responsible for distributing copies of this document to co-counsel that have not registered for e-filing under the court's CM/ECF program. [e-mail]

Dated:

7/16/07

/s/ MAG Chambers of Judge Whyte

ORDER TO SHOW CAUSE--No. C-07-03456 RMW

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