Sanchez Lopez v. U.S. Citizenship and Immigration Service

Filing 5

ORDER Setting Briefing Schedule. The Court directs Respondent to file and serve a responsive memorandum on or by June 9, 2017. If Petitioner wishes to reply to Respondents responsive memorandum, a reply must be filed no later than June 30, 2017. T he Court further DIRECTS the Clerk of Court to serve a copy of Petitioner's petition together with a copy of this Order on the United States Attorney. Signed by Judge Gonzalo P. Curiel on 5/24/17.(All non-registered users served via U.S. Mail Service & Copy of Petition and Order sent to AUSA Office)(dlg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Gabriel Sanchez Lopez,

Case No.: 3:16-cv-00500-GPC-AGS
Petitioner,

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ORDER SETTING BRIEFING
SCHEDULE

v.
U.S. Citizenship and Immigration Service,

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Respondent.

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On February 24, 2016, Petitioner Gabriel Sanchez Lopez (“Petitioner”) filed a

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petition for writ of habeas corpus against Respondent United States Citizenship and

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Immigration Service (“Respondent” or “USCIS”) under 28 U.S.C. § 2241. (Dkt. No. 1.)

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In his petition, Petitioner explained that he was being held on an immigration charge and

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was detained in violation of 8 C.F.R. § 208.31(b). (Id. at 1, 4.) Petitioner sought an order

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from the Court releasing him from detention on conditional parole or reasonable bond

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pursuant to 8 U.S.C. § 1226(a). (Id. at 10.)

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Petitioner subsequently filed a motion for leave to amend his petition for writ of

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habeas corpus on March 16, 2016. (Dkt. No. 2.) Specifically, Petitioner sought to name

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the proper respondent parties—the United States Department of Homeland Security and

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CCA Warden John Weaver—in the caption of his petition. (Id.) The Court granted
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3:16-cv-00500-GPC-AGS

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Petitioner’s motion for leave to amend on September 28, 2016 and directed Petitioner to

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file and serve his amended petition on the proper respondents by October 28, 2016. (Dkt.

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No. 3.) Petitioner has not filed an amended petition as of the date of entry of this Order.

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The Court DIRECTS Respondent to file and serve a responsive memorandum on

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or by June 9, 2017. Respondent is further directed to inform the Court of Petitioner’s

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detention status in the response. The response shall include any and all documents

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relevant to the determination of the issues raised by the Petition.

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If Petitioner wishes to reply to Respondent’s responsive memorandum, a reply
must be filed no later than June 30, 2017.
The Court further DIRECTS the Clerk of Court to serve a copy of Petitioner's

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petition together with a copy of this Order on the United States Attorney (Civil Division)

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or an authorized representative at 880 Front Street, Suite 6253, San Diego, CA 92101.

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IT IS SO ORDERED.
Dated: May 24, 2017

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3:16-cv-00500-GPC-AGS