Zaldana-Menjivar v. Director, Bureau of Immigration and Customs Enforcement

Filing 3

ORDER Directing Service and Staying Removal or Deportation. (Respondent's Response due by 8/17/2015, Petitioner's Response due by 8/24/2015.) Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JOSE ADOLFO ZALDANA-MENJIVAR,
Petitioner,

Case No. 15-cv-12512
Hon. Matthew F. Leitman

v.
DIRECTOR, BUREAU OF IMMIGRATION
AND CUSTOMS ENFORCEMENT,
Respondent.
__________________________________________________________________/
ORDER DIRECTING SERVICE AND
STAYING REMOVAL OR DEPORTATION
The Petitioner brings this Petition for a Writ of Habeas Corpus under 28
U.S.C. § 2241. The Court has reviewed it and deems that it is not appropriate for
summary dismissal, therefore,
IT IS ORDERED that the Clerk of the Court is directed to serve
photocopies of the petition and this order upon the United States Attorney via
facsimile transmission and first-class mail, and upon the Respondent via first-class
mail. The Respondent shall file a response to this petition, along with relevant or
supporting documentation no later than August 17, 2015. The Petitioner may
respond no later than August 24, 2015.

In order to preserve the Court’s jurisdiction over this matter, it is ordered
that Petitioner’s removal or deportation is hereby stayed until further order of the
Court. 28 U.S.C. § 1651. For good cause shown, the Government may move to
vacate this stay.
The named respondent in a matter seeking review of a decision of the
Bureau of Immigration and Customs Enforcement is the Director of that agency.
Therefore, it is ordered that the caption of this case is amended as shown above.
/s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: August 6, 2015

I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on August 6, 2015, by electronic means, facsimile and
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]