Vasquez-Acevedo vs Napolitano et al

Filing 17

ORDER by Judge Richard A Jones. The court DENIES Petitioner's motion to reopen. Dkt. # 16 . (CL) cc petitioner)

HONORABLE RICHARD A. JONES

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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VICENTE DE JESUS VASQUEZACEVEDO,
Petitioner,

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ORDER

v.

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CASE NO. C13-1943RAJ

JEH JOHNSON, 1 in his capacity as
Secretary of Homeland Security, et al.,

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Respondents.

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This matter comes before the court on Petitioner’s motion to reopen this case. No

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one responded to the motion. The motion, which consists of two paragraphs, suggests
that the Petitioner received a bond hearing, as indicated in the Report and
Recommendation (“R&R”) that led the court to dismiss this action. Petitioner is
apparently not satisfied with the outcome of his bond hearing, although the motion
includes no evidence regarding what actually happened at the bond hearing. Indeed, it is
not clear whether Petitioner is still in custody.
Petitioner’s petition for a writ of habeas corpus contended that he was being

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illegally detained without a bond hearing. He has now received that hearing, or at least
there is no evidence to the contrary. If Petitioner wishes to commence a new petition for
a writ of habeas corpus challenging his continued confinement on the basis that the
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The court substitutes Secretary Johnson for his predecessor, in accordance with Federal Rule of
Civil Procedure 25(d).

ORDER – 1

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immigration judge denied bond or set bond too high, he may do so, assuming that the

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facts and law warrant it. If Petitioner is no longer in custody, and merely wishes to

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challenge his previous confinement, a writ of habeas corpus is no longer available to him.

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In any event, Petitioner has not shown cause to reopen this case.

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The court therefore DENIES Petitioner’s motion to reopen. Dkt. # 16.

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DATED this 17th day of March, 2014.

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A

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The Honorable Richard A. Jones
United States District Court Judge

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ORDER – 2