Opinion
CASE NO. C02-2577R
January 9, 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. It is therefore ORDERED
(1) The Clerk shall arrange for service upon Robert Coleman, 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, inter alia, that his detention is unlawful because the LN.S. is unable to effectuate his removal to Cuba in the reasonably foreseeable future Given this allegation, the government is directed to submit evidence directed principally at the issue of petitioner's "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 granted. The RSR shall be filed not later than thirty (30) days prior to the expiration of the six month presumptively pennisstle period of detention, as set forth by the Supreme Court in Zadvydas v Davis, 121 S.Ct. 2491 (2001).
According to the Petition, the six month period in this case will expire on or about June 16, 2003. Therefore, the RSR shall be filed no later than May 16, 2003.
(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 Barbara Jacobs Rothstein