Gugsa v. Sessions et al

Filing 6

ORDER FOR RETURN AND STATUS REPORT, § 2241 PETITION by Hon. James P. Donohue. Electronic posting of this Order shall effect service on the United States Attorney and respondent(s). Within 30 days of the date of this Order, 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 noted for consideration. Respondent(s) may file and serve a reply brief not later than the Friday noted for consideration. (cc: petitioner via U.S. Postal Service)(ST)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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YONAS GUGSA,
Petitioner,

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Case No. C17-1051-JCC-JPD
ORDER FOR RETURN AND STATUS
REPORT, § 2241 PETITION

v.
JEFFERSON SESSIONS, 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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the named respondents.

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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. 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.

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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, the Federal Public

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Defender, and the Honorable John C. Coughenour.

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Dated this 14th day of August, 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