Oded v. Sessions III

Filing 8

ORDER Directing Respondent File a Sur-Reply on or before July 13, 2018. Signed by Judge Gonzalo P. Curiel on 6/27/2018.(All non-registered users served via U.S. Mail Service)(jms)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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MARTIN CRUZ ODED,

Case No.: 18cv0647 GPC (NLS)
Petitioner,

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v.

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ORDER DIRECTING RESPONDENT
TO FILE A SUR-REPLY

JEFFERSON SESSIONS,
Respondent.

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Petitioner filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241

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challenging his order of removal and his continued detention. In response, Respondent

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argues the Court does not have jurisdiction to consider Petitioner’s challenges to his

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removal order and that his challenge to his continued detention is now moot as he was

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recently released under the “Alternatives to Detention” (“ATD”) program on May 3,

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2018. In reply, Petitioner presents new arguments not raised in his petition. Specifically,

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he argues that while he was released on bond, he was improperly removed to Mexico on

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November 17, 2018 despite a stay by the Ninth Circuit and then paroled back into

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detention on January 6, 2018 essentially revoking his bail. (Dkt. No. 7 at 31.) After the

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United States Supreme Court decision in Sessions v. Dimaya, 138 S. Ct. 1204 (2018), the

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Page numbers are based on the CM/ECF pagination.
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18cv0647 GPC (NLS)

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government moved to remand the removal proceedings to the BIA which was granted on

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April 27, 2018. (ECF No. 5, Ex. at 53-56.) On May 3, 2018, ICE released Petitioner

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from custody under the “Alternatives to Detention” program (“ATD”). Petitioner claims

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that his forced removal on November 17, 2018 was unconstitutional and therefore, his

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constructive detention under the ATD programs is unconstitutional.

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To the extent that Petitioner is seeking to be released on bond rather than be

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subject to the ATD program, the Court DIRECTS further briefing from Respondent.

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Accordingly, Respondent shall address the factual and legal bases underlying the

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November 17, 2018 removal, the parole back into detention on January 6, 2018, why he

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was under continued detention until May 8, 2018 despite his release from bond prior to

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the removal, and the underlying IJ proceedings, if any, releasing Petitioner under the

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ATD program. Respondent shall file a sur-reply on or before July 13, 2018.

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IT IS SO ORDERED.
Dated: June 27, 2018

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