Fatty v. Duke et al

Filing 30

MINUTE ORDER granting ORAL ARGUMENT on Petitioner's 28 OBJECTIONS to 27 Report and Recommendations : Oral Argument set for 6/21/2018 at 10:00 AM before Judge Marsha J. Pechman; and granting petitioner's request for a bond hearing. Authorized by Judge Marsha J. Pechman. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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BENGALLY FATTY,
Petitioner,

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CASE NO. C17-1535-MJP
MINUTE ORDER

v.
KIRSTJEN M. NIELSEN, et al.,
Respondents.

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The following minute order is made by the direction of the court, the Honorable Marsha

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J. Pechman, United States District Judge: The Court GRANTS oral argument on Petitioner’s

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Objections to the Report and Recommendation of the Honorable Brian A. Tsuchida, United

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States Magistrate Judge. (Dkt. Nos. 27, 28.) Oral argument shall be heard on June 21, 2018 at

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10:00 AM. Given this hearing date, the Court notes that Petitioner’s removal necessarily will not

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be effectuated prior to the expiration of his temporary travel document or within thirty days of

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the date of this Order. Petitioner was arrested on September 19, 2017, and has already been

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detained for more than six months. Therefore, the Court finds that Petitioner is entitled to a bond

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MINUTE ORDER - 1

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hearing under Diouf v. Napolitano, 634 F.3d 1081 (9th Cir. 2011) and GRANTS Petitioner’s

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request for a bond hearing pending resolution of his 28 U.S.C. § 2241 immigration habeas

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petition.

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The clerk is ordered to provide copies of this order to all counsel.

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Filed May 16, 2018.

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William M. McCool
Clerk of Court

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s/Paula McNabb
Deputy Clerk

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MINUTE ORDER - 2