Opinion
CASE NO. C03-0013L
January 15, 2003
ORDER FOR SERVICE, AND FOR RETURN AND STATUS REPORT
Petitioner has filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241, challenging his detention by the Immigration and Naturalization Service ("INS"). It is therefore ORDERED.
(1) The Clerk shall arrange for service upon William Johnston, the District Director of the Immigration and Naturalization Service in Seattle, upon the United States Attorney General in Washington, D.C., and upon the civil process clerk of the United States Attorney for the Western District of Washington of copies of the Petition, of all documents in support thereof, and of this Order by registered or certified mail, return receipt requested. The Clerk shall also direct copies of this Order to the Federal Public Defender and the Office of Immigration Litigation in Washington, D.C
(2) Petitioner alleges that his detention is unlawful because he is, pursuant to the Immigration and Nationality Act ("INA"), a United States citizen, and therefore, the INS has no jurisdiction over him. In addition, petitioner alleges that he does not know the circumstances under which he is being detained, nor does he have any knowledge of a final order of removal, or even whether removal proceedings have been or will be commenced against him Finally, petitioner alleges that he is being detained indefinitely. Given this allegation, the government is directed to submit evidence directed principally at the issue of petitioner's United States citizenship and/or "entry" into the United States, and the likelihood of his removal, in a Return and Status Report (RSR) showing cause why the Petition should not be of the date of this order.
(3) Counsel for petitioner may file a reply to the RSR within seven (7) business days of receipt of the RSR.
(4) The Clerk is directed to also send a copy of this Order to the Honorable Robert S. Lasnik.