Ramirez Medina v. Asher

Filing 51


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Case 2:17-cv-00218-RSM-JPD Document 51 Filed 02/27/17 Page 1 of 2 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 DANIEL RAMIREZ MEDINA, Case No. C17-218-RSM-JPD 9 Petitioner, 10 11 12 v. ORDER DENYING REQUEST FOR IMMEDIATE HEARING ON CONDITIONAL RELEASE U.S. DEPARTMENT OF HOMELAND SECURITY, et al., 13 Respondents. 14 15 This matter comes before the Court upon the filing of petitioner’s February 24, 2017 16 Request for Immediate Hearing on Conditional Release. Dkt. 49. Petitioner’s request, Dkt. 49, 17 is DENIED. 18 As explained in the Court’s February 23, 2017 Minute Order, petitioner has already 19 been granted an extremely expedited briefing schedule to address his federal habeas claims. 20 Petitioner’s federal habeas petition was filed only two weeks ago, on Monday, February 13, 21 2017. Dkt. 1. That same week, on Friday, February 17, 2017, the Court conducted an in- 22 person status conference and considered petitioner’s motion for immediate release from 23 ongoing removal proceedings. Dkt. 40. The Court denied petitioner’s motion for immediate 24 release in order to defer the initial inquiry to an Immigration Judge while advising petitioner 25 that this initial determination would not necessarily “set the pattern” for the future, but that the 26 ORDER - 1 Case 2:17-cv-00218-RSM-JPD Document 51 Filed 02/27/17 Page 2 of 2 1 Court needed to first determine whether it has jurisdiction over petitioner’s claims. Dkt. 39 at 2 1. 3 The Court finds no basis to disturb the accelerated briefing schedule already set in this 4 case to determine whether this Court has jurisdiction over petitioner’s habeas claims. The 5 Court will consider petitioner’s arguments regarding immediate release from detention at the 6 oral argument scheduled on March 8, 2017, when the Court has the benefit of the briefing by 7 all the parties on the issue of jurisdiction. 8 9 10 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. 11 A 12 JAMES P. DONOHUE Chief United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER - 2

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