PINA v. CASTILLE

Filing 8

MEMORANDUM AND ORDER that Respondent shall file a status report as to Petitioner's immigration proceedings w/in 10 days of the date of this Order, and w/in 10 days after Respondent files its status report, Petitioner may file an optional response. Signed by Judge Kevin McNulty on 1/19/17. (sr, )(N/M)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
GUADALUPE PINA,
Petitioner,

Civ. No. 16-4280 (KM)

V.

TISH CASTILLE,

MEMORANDUM AND ORDER

Respondent.
The petitioner, Guadalupe Pina, is an immigration detainee currently lodged at the
Hudson County Correctional Facility in Kearny, New Jersey. She is proceeding pro se with a
petition for writ of habeas corpus pursuant to 28 U.S.C.

§ 2241 that challenges her immigration

detention.
Respondent filed a response in opposition to the habeas petition in September, 2016.
Respondent indicated at that time that a hearing on the merits of Ms. Pina’s application to bar her
removal to Mexico was scheduled for October 19, 2016. Petitioner did not file a reply.
Before ruling on the merits of Ms. Pina’s habeas petition, this Court will order
Respondent to file a status report with respect to Ms. Pina’s immigration proceedings. This status
update is particularly relevant to the issues presented in this case—in particular, whether her
reinstated order of removal constitutes an administratively final order of removal. Compare
Guerrero v. Aviles, No. 14-4367, 2014 WL 5502931, at *9 (D.N.J. Oct. 30, 2014) (“[Wjhere the
Immigration Judge has yet to conduct a hearing as to whether or not to withhold Guerrero’s
reinstated order of removal to Honduras, Guerrero’s order of removal to Honduras is not final
and his detention is governed by 8 U.S.C.

§ 1226(a).”) (citation omitted), with Reyes v. Lynch,

No. 15-0442, 2015 WL 5081597, at *2 (D. Cob. Aug. 28, 2015) (holding that reinstated order of

removal is final for purposes of detention). Petitioner shall also be given a chance to respond to
respondent’s status report.
Accordingly, IT IS this 19th day of January, 2017,
ORDERED that respondent shall file a status report as to petitioner’s immigration

& _t

proceedings within rri, (10) days of the date of this Order; and it is further
ORDERED that within 10 days after respondent files its status report, petitioner may file
an optional response; and it is further
ORDERED that the Clerk shall serve this Order on petitioner by regular U.S. mail.

ICE 1NMCNULTY
United States District Judge

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