Heinz v. Immigration Custom Enforcement ICE-DHS

Filing 5

ORDER FOR RETURN AND STATUS REPORT § 2241 PETITION by Hon. Mary Alice Theiler. Electronic posting of this Order shall affect service on the United States Attorney and respondent(s). Within 30 days of the date this Order is posted, respondent(s ) shall show cause why a writ of habeas corpus should not be granted by filing a return as provided in 28 U.S.C. § 2243. In accordance with LCR 7, respondent(s) shall note their return for consideration on the fourth Friday after it is filed. Petitioner may file and serve a response not later than the Monday immediately preceding the Friday appointed for consideration of the matter. Respondent(s) may file and serve a reply brief not later than the Friday designated for consideration of the matter. (cc: petitioner)(ST)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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RUPFF HEINZ,
Petitioner,

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Case No. C17-0761-RAJ-MAT
ORDER FOR RETURN AND STATUS
REPORT, § 2241 PETITION

v.
IMMIGRATION CUSTOM
ENFORCEMENT ICE-DHS,

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Respondent.

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Petitioner has filed a 28 U.S.C. § 2241 habeas petition and a motion for release challenging

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his detention by U.S. Immigration and Customs Enforcement (“ICE”). Having reviewed the

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petition, the Court ORDERS:

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(1)

If not previously accomplished, electronic posting of this Order and petitioner’s §

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2241 habeas petition shall effect service upon the United States Attorney of the petition and all

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supporting documents, including the motion for release. Service upon the United States Attorney

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is deemed to be service upon U.S. Immigration and Customs Enforcement.

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(2)

Within 30 days of the date this Order is posted, respondent(s) shall show cause

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why a writ of habeas corpus should not be granted by filing a return as provided in 28 U.S.C. §

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2243. As a part of such return, respondent(s) shall address and submit evidence relevant to

ORDER FOR RETURN AND STATUS
REPORT, § 2241 PETITION - 1

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petitioner’s allegation that his detention is unlawful because ICE is unable to effectuate his

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removal in the reasonably foreseeable future, and respond to petitioner’s motion for release, Dkt.

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3. Respondent(s) shall file the return with the Clerk of the Court and shall serve a copy upon

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petitioner.

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(3)

The return will be treated in accordance with LCR 7. Accordingly, on the face of

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the return, respondent(s) shall note it for consideration on the fourth Friday after it is filed, and the

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Clerk shall note the return accordingly. Petitioner may file and serve a response not later than the

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Monday immediately preceding the Friday appointed for consideration of the matter, and

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respondent(s) may file and serve a reply brief not later than the Friday designated for consideration

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of the matter.
(4)

If petitioner’s custody status changes at any point during this litigation,

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respondent(s) shall file a status update with the Court as soon as possible and no later than

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14 days after the change.

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(5)

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Richard A. Jones.

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The Clerk is directed to send copies of this Order to petitioner and the Honorable

Dated this 22nd day of June, 2017.

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A

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Mary Alice Theiler
United States Magistrate Judge

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ORDER FOR RETURN AND STATUS
REPORT, § 2241 PETITION - 2