Heinrich v. Penaloza et al

Filing 6

ORDER FOR RETURN AND STATUS REPORT, § 2241 PETITION by Hon. James P. Donohue. Electronic posting of this Order and petitioner's § 2241 petition shall effect service upon the United States Attorney and respondent(s). Within 30 days o f the date this Order is posted, respondent(s) shall file a Return and Status Report. In accordance with LCR 7, respondent(s) shall note their return on the fourth Friday after it is filed. Petitioner may file and serve a response on or before the Monday immediately preceding the Friday appointed for consideration and respondent(s) may file a reply brief not later than the Friday designated for consideration of the matter. If petitioner's custody status changes at any point, respondent(s) shall file a status update with the Court as soon as possible and no later than 14 days after the change. (cc: petitioner)(ST)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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RUPFF A HEINRICH,
Petitioner,

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Case No. C17-862-RAJ-JPD
ORDER FOR RETURN AND STATUS
REPORT, § 2241 PETITION

v.
WILLIAM PENALOZA, et al.,
Respondents.

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Petitioner has filed a 28 U.S.C. § 2241 habeas petition, challenging his detention by U.S.

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Immigration and Customs Enforcement (“ICE”). Having reviewed the petition, the Court

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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. Service upon the United States Attorney is deemed to be service upon

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William Penaloza, ICE AVOD; Bryan Wilcox, ICE Field Office Director; Northwest Detention

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Center; the Department of Homeland Security; and John Kelly, Secretary of Homeland Security.

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(2)

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. §

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

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

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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. Respondent(s) shall file the return with the Clerk

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of the Court and shall serve a copy upon 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

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

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

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

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consideration 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 28th day of June, 2017.

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A

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JAMES P. DONOHUE
Chief United States Magistrate Judge

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