Arthur v. DHS/ICE et al

Filing 6

ORDER re 1 Petition for Writ of Habeas Corpus, filed by Alberto Arthur. Respondent's answer and memorandum of law due or a motion to dismiss within 45 days from service of this order. Petitioner shall have 25 days upon receipt of answer (or m otion to dismiss) to file a response. The Clerk of the Court is directed to serve a copy of the application and order to the Superintendent of the Buffalo Federal Detention Center; Buffalo Field Office Director of Detention & Removal Office, Immigrat ion and Customs Enforcement Department of Homeland Security; Secretary of U.S. Department of Homeland Security (Washington, DC); Acting Director of Bureau of Immigration & Custom Enforcement (Washington, DC); Attorney General of the United States (Wa shington, DC); U.S. Attorney for the Western District of NY (Buffalo); and, James W. Grable, District Counsel for the Department of Homeland Security by certified mail. The petitioner must forward a copy of all future papers and correspondence to the attorney appearing for the respondents. Signed by Hon. Michael A. Telesca on 4/1/09. (RE)

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-PS- UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ALBERTO ARTHUR, A37-176-123, Petitioner, -vDHS/ICE, et al., Respondents. 09-CV-6130CJS ORDER Petitioner Alberto Arthur, who is currently detained at Buffalo Federal Detention Center pursuant to, seeks relief pursuant to 28 U.S.C. 2241 as more fully set forth in the petition. IT HEREBY IS ORDERED as follows: 1. Within 45 days of the service of this order, respondent shall file and serve an answer to the petition with the Clerk of Court which shall respond to the allegations of the petition. Alternatively, in the appropriate case, respondent may file a motion to dismiss the petition, accompanied by pertinent exhibits which demonstrate that an answer to the petition is unnecessary, by no later than 45 days from service of this order. Respondent also shall file and serve by the above date a memorandum of law with the Clerk of Court addressing each of the issues raised in the petition and including citations of relevant supporting authority. Respondent is directed to accompany all citations to sections of the Immigration and Naturalization Act with reference to the appropriate sections of 8 U.S.C. Petitioner shall have 25 days upon receipt of the answer to file a written response to the answer and memorandum of law (or motion to dismiss). 2. The Clerk of Court shall serve a copy of the application, together with a copy of this order, by certified mail, upon the following: Facilities Director, Buffalo Federal Detention Center, 4250 Federal Drive, Batavia, New York 14020; Buffalo Field Office Director, Detention & Removal Office, Immigration and Customs Enforcement Department of Homeland Security, 130 Delaware Avenue, Buffalo, NY 14202; Secretary, U.S. Department of Homeland Security, Washington, D.C. 20528; Acting Director, Bureau of Immigration and Customs Enforcement, 425 I Street, NW Washington, DC 20536; Attorney General of the United States, Main Justice Building, 10th and Constitution Avenues N.W., Washington, DC 20530; United States Attorney for the Western District of New York, 138 Delaware Avenue, Buffalo, New York 14202; James W. Grable, District Counsel for the Department of Homeland Security, 130 Delaware Avenue, Room 203, Buffalo, New York 14202. 2 THE PETITIONER MUST FORWARD A COPY OF ALL FUTURE PAPERS AND CORRESPONDENCE TO THE ATTORNEY APPEARING FOR THE RESPONDENT. SO ORDERED. s/Michael A. Telesca MICHAEL A. TELESCA United States District Judge Dated: April 1, 2009 Rochester, New York 3

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