CHAN LO v. SESSIONS et al

Filing 13

MEMORANDUM AND ORDER that the petition is dismissed with prejudice as to respondents Jefferson Beauregard Sessions III and Barbara Felska, and the Clerk shall serve a copy of the petition (ECF No. I) and this Order upon respondent Ahrendt by regula r mail, with all costs of service advanced by the United States. The Clerk shall forward a copy of the petition (ECF No. 1) and this Order to the Chief. Civil Division, United States Attorney's Office at the following email address: USANJ-Ha beasCasesusdoj.gov, and within 30 days of the entry of this Order, respondent shall file and serve an ANSWER. Within 30 days of receipt of the answer, petitioner may file a reply to the answer; etc. Signed by Judge Kevin McNulty on 9/28/17. (sr, )(N/M)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
KATHERINE CHAN LO,
Civ. No. 17-7157 (KM)

Petitioner,
v.

MEMORANDUM AND ORDER

JEFFERSON BEAUREGARD SESSIONS 111
etal.,

Respondents.

Petitioner, Katherine Chan Lo. is an immigration detainee currently held at the Bergen
County Jail, in Hackensack, New Jersey. Acting pro se, she filed a petition for writ of habeas
corpus, under 28 U.S.C.

§

2241, with the United States District Court for the Southern District of

New York on September 5.2017. On September 15, 2017, the Southern District of New York
transferred the proceeding to this Court, under 28 U.S.C.

§

1631. (ECF No. 10.)

The sole proper respondent in this case is Steven Ahrendt, the warden of the Bergen
County Jail. See Rumsfeldv. Padilla, 542 U.S. 426, 434—35 (2004). Accordingly, the petition
will be dismissed with prejudice as to respondents Jefferson Beauregard Sessions Ill and Barbara
Feiska.
Petitioner challenges the duration of her present immigration detention. Under Rule 4 of
the Rules Governing
Governing

§

§ 2254 Cases (applied in this

proceeding under Rule 1(b) of the Rules

2254 Cases), this Court has examined the petition and determined that dismissal

without receiving an answer and the underlying record is not warranted. In addition to any other
arguments concerning petitioner’s claims, respondent’s answer shall specifically address what

impact, if any, Chavez-Alvarez v. Warden York County Prison, 783 F.3d 469 (3d Cir. 2015), and

Zadvydas v. Davis, 533 U.S. 678 (2001), have on the petition.
Accordingly, IT IS, this 28th day of September 2017,
ORDERED that the petition is dismissed with prejudice as to respondents Jefferson
Beauregard Sessions III and Barbara Felska; and it is further
ORDERED that the Clerk shall serve a copy of the petition (ECF No. I) and this Order
upon respondent Ahrendt 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 (ECF No. 1) and this Order
to the Chief. 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 entry of this Order, respondent shall file
and serve an answer that (I) responds to the allegations and grounds in the petition, (2) includes
all affirmative defenses respondent seeks to invoke, and (3) addresses specifically, in addition to

any other arguments, what impact. if any, Chavez-Alvarez v. Warden York Cowuv Prison. 783
F.3d 469 (3d Cir. 2015). and Zadvydas

Davis. 533 U.S. 678 (2001). have 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. mail.

AS

KE ThJMCNULTY
United States District Judge

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