See v. Jennings et al

Filing 13

ORDER TO SHOW CAUSE. Re: Dkt. Nos. 1 , [1-3]. The government must file its response to See's petition by 2/22/2017. See must file a reply to the government's response by 2/27/2017. The Court will hold a hearing on See's petition 3/1/2017 02:30 PM in Courtroom 7, 4th Floor, San Jose. Signed by Judge Nathanael Cousins on 2/16/2017. (lhS, COURT STAFF) (Filed on 2/16/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KORNG SEE,
Petitioner,

United States District Court
Northern District of California

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Case No. 17-cv-00225 NC
ORDER TO SHOW CAUSE

v.

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DAVID JENNINGS, et al.,

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Re: Dkt. Nos. 1, 1-3

Respondents.

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Petitioner Korng See, an immigration detainee, seeks a writ of habeas corpus under

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28 U.S.C. § 2241. See alleges he is in the government’s custody, that his indefinite

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detention is unlawful under the Immigration and Nationality Act, 8 U.S.C. § 1226(a), and

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as a violation of See’s substantive due process. See requests the Court to grant his writ of

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habeas corpus and order him released. Dkt. No. 1. See also filed an application asking the

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Court to issue an order to show cause, directing the government to show cause why his

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petition for a writ should not be granted. Dkt. No. 1-3.

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The Court considered See’s petition, and finds good cause shown under 28 U.S.C. §
2243. Thus, See’s application for an order to show cause is GRANTED. The Court
therefore ORDERS:
1. The government must file its response to See’s petition by February 22, 2017.
2. See must file a reply to the government’s response by February 27, 2017.
3. The Court will hold a hearing on See’s petition on March 1, 2017, at 2:30 p.m., at
Case No. 17-cv-00225 NC

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280 S. First St., San Jose, CA 95113 in Courtroom 7, 4th Floor.

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IT IS SO ORDERED.

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Dated: February 16, 2017

_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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United States District Court
Northern District of California

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Case No.17-cv-00225 NC

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