Kolesnik v. Garland et al

Filing 6

ORDER FOR RETURN AND STATUS REPORT, § 2241 PETITION. If not previously accomplished, electronic posting of this Order and petitioner's § 2241 habeas corpus petition shall effectuate service upon the United States Attorney of the pet ition and all supporting documents. Service upon the United States Attorney is deemed to be service upon the named respondents. On or before November 22, 2024, respondent(s) shall file a return and status report ("RSR") as provided in 28 U.S.C. § 2243, explaining why the Court should not grant petitioner's habeas corpus petition. Signed by Judge Theresa L Fricke. (MW) (cc: Petitioner via USPS)

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1 2 3 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 4 5 6 MIKHAIL VASILYEVICH KOLESNIK, 7 8 9 v. MERRICK GARLAND, et al., ORDER FOR RETURN AND STATUS REPORT, § 2241 PETITION Respondent. 10 11 Petitioner, Case No. 2:24-cv-01603-TMC-TLF Petitioner has filed a habeas corpus petition under 28 U.S.C. § 2241 challenging 12 his detention by the U.S. Immigration and Customs Enforcement (“ICE”). Having 13 reviewed the petition, the Court ORDERS: 14 (1) If not previously accomplished, electronic posting of this Order and 15 petitioner’s § 2241 habeas corpus petition shall effectuate service upon the United 16 States Attorney of the petition and all supporting documents. Service upon the United 17 States Attorney is deemed to be service upon the named respondents. 18 (2) On or before November 22, 2024, respondent(s) shall file a return and 19 status report (“RSR”) as provided in 28 U.S.C. § 2243, explaining why the Court should 20 not grant petitioner’s habeas corpus petition. As a part of such return, respondent(s) 21 shall submit a memorandum of authorities in support of their position and state whether 22 an evidentiary hearing is necessary. As a part of such return, respondent(s) shall also 23 address and submit evidence relevant to petitioner’s allegation that his detention is 24 25 ORDER FOR RETURN AND STATUS REPORT, § 2241 PETITION - 1 1 unlawful because ICE is unable to effectuate his removal in the reasonably foreseeable 2 future. Respondent(s) shall file the return with the Clerk of the Court and shall serve a 3 copy upon Petitioner. 4 (3) In accordance with LCR 7(d), respondent(s) shall note their return for 5 consideration no earlier than 28 days after filing. Petitioner may file and serve a 6 response not later than 21 days after the filing date of the return, and respondent(s) 7 may file and serve a reply not later than 28 days after the filing date of the return. 8 9 10 11 12 (4) If petitioner’s custody status changes at any point during this litigation, respondent(s) shall file a status update with the Court as soon as possible and no later than 14 days after the change. (5) The Clerk shall send a copy of this Order to petitioner, the Federal Public Defender, and the assigned District Judge. 13 14 Dated this 23rd day of October, 2024. 15 16 A 17 Theresa L. Fricke United States Magistrate Judge 18 19 20 21 22 23 24 25 ORDER FOR RETURN AND STATUS REPORT, § 2241 PETITION - 2

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