BONILLA v. GREEN

Filing 2

MEMORANDUM AND ORDER that the Clerk shall serve a copy of the petition (Dkt. No. I) and this Order upon respondent Green by regular mail, with all costs of service advanced by the United States, and shall forward a copy of the petition (Dkt. No. 1 ) and this Order to the Chief Civil Division, United States Attorney's Office, at the following email address: [e-mail]. Within 30 days of the date of the entry of this Order, respondent shall file and serve an ANSWER which responds to the allegations and grounds in the petition and which includes all affirmative defenses respondent seeks to invoke, and within 30 days of receipt of the answer, petitioner may file a reply to the answer; etc. Signed by Judge Kevin McNulty on 8/1/17. (sr, )(N/M)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
JOSE ANTONIO BONILLA,
Civ. No. 17-5459 (KM)

Petitioner,
V.

MEMORANDUM AND ORDER

WARDEN CHARLES GREEN,
Respondent.

The petitioner is an immigration detainee currently lodged at the Essex County
Correctional Facility in Newark, New Jersey. He is proceeding prose with a petition for writ of
habeas corpus pursuant to 28 U.S.C.

§ 2241.

Mr. Bonilla’s petition challenges his continued immigration detention. “Federal courts
have habeas jurisdiction to examine the statutory and constitutional bases for an immigration
detention unrelated to a final order of removal.” ¶ele v Holder, 473 F. App’x 144, 146 (3d Cir.

2012) (citing Deniore v. K/ui, 538 U.S. 510, 517-18 (2003)); see also Diop v ICE/Homeland
Sec., 656 F.3d 221, 226 (3d Cir. 2011). In accordance with Rule 4 of the Rules Governing
Section 2254 Cases, applicable to

§

2241 cases through Rule 1(b) of the Rules Governing

Section 2254 Cases, this Court has screened the habeas petition for dismissal and determined that
dismissal without an answer and the record on this issue is not warranted. In addition to any
arguments that respondent may make in the answer in response to petitioner’s claims, respondent
shall specifically address what impact, if any, Chavez-Alvarez v. Warden York Cnty. Prison, 783
F.3d 469 (3d Cir. 2015), has on the habeas petition.

Accordingly, IT IS this 1st day of August, 2017,
ORDERED that the Clerk shall serve a copy of the petition (Dkt. No. I) and this Order
upon respondent Green by regular mail, with all costs of service advanced by the United States;
and it is further
ORDERED that the Clerk shall forward a copy of the petition (Dkt. No. 1) and this Order
to the Chielç Civil Division, United States Attorney’s Office, at the following email address:
USANJ-HabeasCasesusdoj.gov; and it is further
ORDERED that within thirty (30) days of the date of the entry of this Order, respondent
shall file and serve an answer which responds to the allegations and grounds in the petition and
which includes all affirmative defenses respondent seeks to invoke, in addition to any other
arguments respondent may make, the answer shall specifically address what impact, if any,
Chavez-Alvarez v. Warden York Cnry. Prison, 783 F.3d 469 (3d Cir. 2015), has on the petition;
and it is further
ORDERED that respondent shall file and serve with the answer certified copies of all
documents necessary to resolve petitioner’s claim(s) and affirmative defenses; and it is further
ORDERED that within thirty (30) days of receipt of the answer, petitioner may file a
reply to the answer; and it is further
ORDERED that within seven (7) days of petitioner’s release, by parole or otherwise, as
well as any change in the basis for petitioner’s immigration detention, respondent shall
electronically file a written notice of the same with the Clerk; and it is further
ORDERED that the Clerk shall serve this Order on petitioner by regular U.S. m

KEVThJ MCNULTY
United States District Judge