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