See v. Jennings et al

Filing 22

ORDER TO SHOW CAUSE FOR ADDITIONAL BRIEFING REGARDING MOOTNESS OF SEE'S HABEAS PETITION. Parties to file supplemental briefing by 3/28/2017. Signed by Judge Nathanael Cousins on 3/21/2107. (lmh, COURT STAFF) (Filed on 3/21/2017)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 KORNG SEE, Petitioner, United States District Court Northern District of California 11 12 13 14 v. DAVID JENNINGS, et al., Respondent. Case No. 17-cv-00225 NC ORDER TO SHOW CAUSE FOR ADDITIONAL BRIEFING REGARDING MOOTNESS OF SEE’S HABEAS PETITION Re: Dkt. Nos. 1, 21 15 16 The Court reviewed the parties’ March 17, 2017, Joint Status Report, and notes that 17 Korng See was released from ICE custody. Dkt. No. 21. The immigration judge 18 administratively closed See’s case because of the failure to find a Lahu Yellow interpreter, 19 though he declined to terminate the removal proceedings. Id. at 2. 20 The parties disagree as to whether See’s habeas petition before the Court is now 21 moot. Id. at 3-4. See argues the petition is not moot because ICE has broad discretion to 22 re-detain him, while the government argues that because See is out of custody, the Court 23 has no further relief to offer. The Court ORDERS the parties to file supplemental briefing 24 regarding the mootness of the habeas petition. This supplemental briefing may not exceed 25 five pages and must be filed with the Court by March 28, 2017. 26 27 IT IS SO ORDERED. Dated: March 21, 2017 28 Case No. 17-cv-00225 NC _____________________________________ NATHANAEL M. COUSINS United States Magistrate Judge

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