Perez-Alvarez v. United States of America et al

Filing 4

ORDER that the Clerk shall serve copies of the Petition 1 , Emergency Motion 2 , and this order upon respondents. FURTHER ORDERED that respondents SHALL FILE AND SERVE an answer/response within 15 days from the date this order is entered. FURTHER ORDERED that petitioner SHALL FILE AND SERVE a reply to respondents' answer/response within 10 days of the date that petitioner is served with the same. Signed by Judge James C. Mahan on 12/26/12. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DAVID PEREZ-ALVAREZ,
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Petitioner,
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vs.
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UNITED STATES OF AMERICA, et al., )
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Respondents.
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____________________________________/

2:12-cv-02088-JCM-GWF
ORDER

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Petitioner, who is represented by counsel, has filed a habeas corpus petition and an
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emergency motion for a stay of deportation pending disposition of the habeas corpus petition. (ECF
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Nos. 1 & 2). Petitioner has paid the filing fee for this action and this court has conducted a
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preliminary review of the petition and motion for a stay of deportation.
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IT IS THEREFORE ORDERED that the clerk of court SHALL ELECTRONICALLY
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SERVE copies of the petition (ECF No. 1) and the emergency motion for a stay of deportation (ECF
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No. 2), and this order, upon respondents as follows:
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1. By having the United States Marshal, on or before the close of business on the date that
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this order is entered, serve a copy of the petition (ECF No. 1), the emergency motion for a stay of
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deportation (ECF No. 2), and this order on the United States Attorney for the District of Nevada or
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on an Assistant United States Attorney or clerical employee designated by the United States Attorney

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pursuant to Rule 4(i)(1)(A) of the Federal Rules of Civil Procedure.

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2. By sending a copy of the petition (ECF No. 1), the emergency motion for a stay of

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deportation (ECF No. 2), and this order by registered or certified mail to the following: (1) the

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Honorable Eric Holder, Attorney General of the United States, Department of Justice, 950

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Pennsylvania Ave. NW, Washington, DC 20530; (2) the Honorable Janet Napolitano, Secretary of

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the U.S. Department of Homeland Security, Washington, DC 20528; (3) the Office of the Attorney

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General of the State of Nevada, Criminal Division, 100 North Carson St., Carson City, NV 89701;

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(4) Leander Holston, the Officer in Charge of the Department of Homeland Security, United States

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Customs and Immigration Services (USCIS Local), 5650 West Badura Avenue, Suite 100, Las

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Vegas, NV 89118; and (5) Steven M. Branch, ICE Field Office Director, Detention and Removal,

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5650 West Badura Avenue, Suite 100, Las Vegas, NV 89118.

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IT IS FURTHER ORDERED that respondents SHALL FILE AND SERVE an answer or

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other response to the petition (ECF No. 1) and the emergency motion for a stay of deportation (ECF

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No. 2), within fifteen (15) days from the date that this order is entered.

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IT IS FURTHER ORDERED that petitioner SHALL FILE AND SERVE a reply to

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respondents’ answer or response to the petition and response to the emergency motion for a stay of

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deportation, within ten (10) days of the date that petitioner is served with the same.

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IT IS FURTHER ORDERED that, in its initial response, respondents shall respond to

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petitioner’s arguments and case authority in the petition, seeking to establish habeas jurisdiction in

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this United States District Court, notwithstanding the provisions of the REAL ID Act of 2005,

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restricting such jurisdiction.

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IT IS FURTHER ORDERED that all exhibits filed by respondents and petitioner herein

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SHALL BE FILED with a separate index of exhibits identifying the exhibits by number or letter.

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The CM/ECF attachments that are filed further shall be identified by the number or numbers (or

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letter or letters) of the exhibits in the attachment. A hard copy (courtesy copy) of all pleadings and

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exhibits SHALL BE FORWARDED on the date of filing to the staff attorneys, in care of the Office

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of the Clerk of Court, United States District Court, 400 South Virginia St., Reno, NV 89501.

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Dated December 26, 2012.
this ______ day of December, 2012.

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UNITED STATES DISTRICT JUDGE
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