Nguyen v. Sessions et al

Filing 8

ORDER WITHDRAWING REPORT AND RECOMMENDATION AND DIRECTING RETURN AND STATUS REPORT, § 2241 PETITION re 4 Report and Recommendation; respondent to show cause within 30 days signed by Hon. Mary Alice Theiler.(RS) cc petitioner

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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THUY NGUYEN,
Petitioner,

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v.
JEFFERSON SESSIONS, et al.,

Case No. C17-0926-JCC-MAT
ORDER WITHDRAWING REPORT
AND RECOMMENDATION AND
DIRECTING RETURN AND STATUS
REPORT, § 2241 PETITION

Respondents.

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Petitioner initiated this 28 U.S.C. § 2241 action by filing an application to proceed in forma

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pauperis (“IFP”), a proposed habeas petition challenging his detention by U.S. Immigration and

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Customs Enforcement (“ICE”), a motion to appoint counsel, and a letter of support from the Office

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of the Federal Public Defender. On June 22, 2017, the Court issued a Report and Recommendation

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recommending that petitioner’s IFP application be denied. (Dkt. 4.) The same day, petitioner paid

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the filing fee. Based on the foregoing, the Court ORDERS:

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(1)

The Report and Recommendation regarding petitioner’s IFP application (Dkt. 4) is

WITHDRAWN as moot.
(2)

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

2241 habeas petition shall effect service upon the United States Attorney of the petition and all
ORDER WITHDRAWING REPORT AND
RECOMMENDATION AND DIRECTING
RETURN AND STATUS REPORT, § 2241
PETITION - 1

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

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Secretary of Homeland Security, the Seattle Field Office Director for ICE, the Warden of the

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Northwest Detention Center, and ICE.
(3)

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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

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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 of

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the Court and shall serve a copy upon petitioner.
(4)

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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.
(5)

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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.
(6)

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The Clerk is directed to send copies of this Order to petitioner, the Federal Public

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Defender, and the Honorable John C. Coughenour.

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ORDER WITHDRAWING REPORT AND
RECOMMENDATION AND DIRECTING
RETURN AND STATUS REPORT, § 2241
PETITION - 2

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Dated this 28th 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 WITHDRAWING REPORT AND
RECOMMENDATION AND DIRECTING
RETURN AND STATUS REPORT, § 2241
PETITION - 3