Zermeno Delgado v. Sessions et al

Filing 2

ORDER FOR RETURN AND STATUS REPORT, § 2241 PETITION by Hon. James P. Donohue. Electronic posting of this Order and petitioner's § 2241 habeas petition shall effect service upon the United States Attorney and respondent(s). Within 30 d ays of 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 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 this matter. Respondent(s) may file and serve a reply brief not later than the Friday designated for consideration of this matter.(ST)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JORGE ARTURO ZERMENO DELGADO,
Petitioner,

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Case No. C17-1031-RSL-JPD
ORDER FOR RETURN AND STATUS
REPORT, § 2241 PETITION

v.
JEFFERSON B. SESSIONS, et la.,
Respondents.

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Petitioner, who is proceeding through counsel, has filed a 28 U.S.C. § 2241 immigration
habeas petition. Having reviewed the petition, the Court ORDERS:
(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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the Secretary of Homeland Security, the Seattle Field Office Director for U.S. Immigration and

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Customs Enforcement, and the Warden of the Northwest Detention Center.

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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 submit a memorandum of authorities in

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

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support of their position, and should state whether an evidentiary hearing is necessary.

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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

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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.

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(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)

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

Honorable Robert S. Lasnik.
Dated this 11th day of July, 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