Ramirez Medina v. Asher

Filing 55

MINUTE ORDER by Hon. James P. Donohue, United States Magistrate Judge, regarding Petitioner's response to Government's 52 MOTION to Dismiss. (TF)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DANIEL RAMIREZ MEDINA,
Petitioner,

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MINUTE ORDER

v.

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Case No. C17-218-RSM-JPD

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

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The following minute order is made at the direction of the Court, the Honorable
James P. Donohue, United States Magistrate Judge:

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Petitioner’s response to the Government’s motion to dismiss, which is due Friday,
March 3, 2017, at 5:00 p.m., shall include a discussion of the following:

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(1)

In the amended habeas petition and complaint for declaratory and injunctive

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relief, petitioner alleges violations of the Fifth Amendment’s procedural and substantive due

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process clauses, the Fourth Amendment’s prohibition against unlawful seizure, and the Fifth

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Amendment’s equal protection clause. Dkt. 41 at 22-41. As relief, he primarily seeks

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immediate release, declaratory judgment, and an injunction prohibiting the Government from

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re-arresting or detaining him on the basis of the conduct described in the petition. Dkt. 41 at

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MINUTE ORDER - 1

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However, the amended petition does not assert which form(s) of relief are appropriate

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for which alleged constitutional violations. In responding to the Government’s motion to

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dismiss, petitioner should cite any habeas cases that grant the particular relief requested for the

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constitutional violations petitioner alleges. For example, petitioner should cite any habeas

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cases that grant release based on a Fourth Amendment violation related to arrest.

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(2)

What authorities support the proposition that a habeas case seeking release as

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one form of relief can proceed on a parallel track with removal proceedings, as opposed to

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being deemed inextricably intertwined with the removal proceedings?

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(3)

The Government’s motion to dismiss relies heavily on J.E.F.M. v. Lynch, 837

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F.3d 1026 (9th Cir. 2016), in arguing that 8 U.S.C. §§ 1252(a)(5) and 1252(b)(9) preclude this

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Court’s jurisdiction over petitioner’s claims. Petitioner’s brief regarding jurisdiction, Dkt. 46,

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discussed J.E.F.M. only briefly and primarily in a footnote. Petitioner’s response should

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provide a more thorough discussion of J.E.F.M.

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(4)

The Clerk is directed to send a copy of this minute order to counsel for the

parties and to the Honorable Ricardo S. Martinez.
DATED this 28th day of February, 2017.

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William M. McCool
Clerk of the Court

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s/ Tim Farrell
Deputy Clerk

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MINUTE ORDER - 2