Orozco Amador v. Asher et al

Filing 10

REPORT AND RECOMMENDATIONS re petitioner's 2 MOTION for Preliminary Injunction and 1 Petition for Writ of Habeas Corpus. Noting Date is today, 5/27/2014. As respondent concurs with petitioner's request for bond hearing to be held within 30 days, no objections are expected to be filed. Signed by Hon. Mary Alice Theiler. (Attachments: # 1 R&R Proposed Order, # 2 R&R Judgment)(GB)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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08 EDUARDO OROZCO AMADOR,
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Petitioner,
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v.
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NATALIE ASHER, et al.,
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Respondents.
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____________________________________ )

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CASE NO. C14-0577-RSM-MAT

REPORT AND RECOMMENDATION

Petitioner is a citizen of Mexico who has been in immigration detention since

15 November 13, 2013. Dkt. 1 at 3. During this time, he has not been afforded a bond hearing.
16 Id. at 2. Through counsel, petitioner filed a habeas corpus petition pursuant to 28 U.S.C. §
17 2241, as well as a motion for preliminary injunction. See Dkts. 1 and 2. He seeks a bond
18 hearing before an immigration judge. See Dkt. 1 at 10.
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The government has responded to the petition and moved the Court to issue an order

20 remanding this matter to the Executive Office for Immigration Review (“EIOR”) to hold a bond
21 hearing under 8 U.S.C. § 1226(a) within thirty (30) days of the date of the Court’s order. Dkt.
22 9.

REPORT AND RECOMMENDATION
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Based on the foregoing, the Court recommends: (1) granting the government’s motion

02 for issuance of an order remanding the matter to the EOIR, Dkt. 9; (2) ordering EOIR to hold a
03 bond hearing for petitioner pursuant to 8 U.S.C. § 1226(a) within thirty (30) days of the date of
04 the Court’s order; and (3) dismissing petitioner’s habeas petition, Dkt. 1, and motion for
05 preliminary injunction, Dkt. 2, as moot. A proposed order accompanies this Report and
06 Recommendation.
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DATED this 27th day of May, 2014.

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A

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Mary Alice Theiler
Chief United States Magistrate Judge

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REPORT AND RECOMMENDATION
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