Saustegui Vega v. McAleenan et al

Filing 34

ORDER TO SHOW CAUSE - that ICE Field Office Director Peter Berg shall respond to Suastegui Vega's petition for writ of habeas corpus (filing 27 ) on or before September 11, 2019, showing cause why a writ should not issue. Ordered by Chief Judge John M. Gerrard. (KLF)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA PABLO SUASTEGUI VEGA, Plaintiff, 8:19-CV-189 vs. ORDER TO SHOW CAUSE KEVIN MCALEENAN, Acting Secretary of Homeland Security, et al., Defendants. The plaintiff, Pablo Suastegui Vega, has filed a petition (filing 27) for a writ of habeas corpus, asking the Court to order the defendants to either release him from custody or provide him with an individualized bond hearing. See filing 28. The defendants have filed a motion to dismiss (filing 30) that addresses the demand for a bond heading in Suastegui Vega's complaint, but does not address the arguments presented in support of that demand in Suastegui Vega's petition or supporting brief. The Court is unable to definitively determine, on the face of Suastegui Vega's petition, whether he is entitled to relief. Accordingly, because the Court cannot say that he is not entitled to relief, the Court must issue a writ or order to show cause. See 28 U.S.C. § 2243. Pursuant to § 2243, the order shall be directed to the petitioner's custodian, and "shall be returned within three days unless for good cause additional time, not exceeding twenty days, is allowed." Suastegui Vega's petition presents important and legally complex issues. The Court finds that the legal issues presented by the petition require measured and informed judgment, establishing good cause to proceed deliberately. The Court will, therefore, order the custodian—ICE Field Office Director Peter Berg, see filing 32 at 35—to respond to Suastegui Vega's petition on or before September 11, 2019,1 particularly addressing the arguments advanced in Suastegui Vega's brief. IT IS ORDERED that ICE Field Office Director Peter Berg shall respond to Suastegui Vega's petition for writ of habeas corpus (filing 27) on or before September 11, 2019, showing cause why a writ should not issue. Dated this 19th day of August, 2019. BY THE COURT: John M. Gerrard Chief United States District Judge 1 The government should take note that, in the absence of agreement from Suastegui Vega's counsel, § 2243 would preclude any extension of this deadline. -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?