Ramirez Medina v. Asher
Filing
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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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27.
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
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