Ramirez Medina v. Asher

Filing 51

ORDER DENYING 49 REQUEST FOR IMMEDIATE HEARING ON CONDITIONAL RELEASE by Hon. James P. Donohue. (TF)

Case 2:17-cv-00218-RSM-JPD Document 51 Filed 02/27/17 Page 1 of 2

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DANIEL RAMIREZ MEDINA,

Case No. C17-218-RSM-JPD

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Petitioner,
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v.

ORDER DENYING REQUEST FOR
IMMEDIATE HEARING ON
CONDITIONAL RELEASE

U.S. DEPARTMENT OF HOMELAND
SECURITY, et al.,

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Respondents.

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This matter comes before the Court upon the filing of petitioner’s February 24, 2017

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Request for Immediate Hearing on Conditional Release. Dkt. 49. Petitioner’s request, Dkt. 49,

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is DENIED.

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As explained in the Court’s February 23, 2017 Minute Order, petitioner has already

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been granted an extremely expedited briefing schedule to address his federal habeas claims.

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Petitioner’s federal habeas petition was filed only two weeks ago, on Monday, February 13,

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2017. Dkt. 1. That same week, on Friday, February 17, 2017, the Court conducted an in-

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person status conference and considered petitioner’s motion for immediate release from

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ongoing removal proceedings. Dkt. 40. The Court denied petitioner’s motion for immediate

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release in order to defer the initial inquiry to an Immigration Judge while advising petitioner

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that this initial determination would not necessarily “set the pattern” for the future, but that the

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ORDER - 1

Case 2:17-cv-00218-RSM-JPD Document 51 Filed 02/27/17 Page 2 of 2

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Court needed to first determine whether it has jurisdiction over petitioner’s claims. Dkt. 39 at

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1.

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The Court finds no basis to disturb the accelerated briefing schedule already set in this

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case to determine whether this Court has jurisdiction over petitioner’s habeas claims. The

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Court will consider petitioner’s arguments regarding immediate release from detention at the

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oral argument scheduled on March 8, 2017, when the Court has the benefit of the briefing by

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all the parties on the issue of jurisdiction.

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The Clerk is directed to send a copy of this Order to counsel for the parties and to the
Honorable Ricardo S. Martinez.
DATED this 27th day of February, 2017.

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A

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JAMES P. DONOHUE
Chief United States Magistrate Judge

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ORDER - 2