Opinion
No. C02-2450L
January 7, 2003
ORDER FOR RETURN TO HABEAS PETITION
Petitioner has filed, through counsel, a habeas corpus petition pursuant to 28 U.S.C. § 2241, along with a request for a temporary stay of deportation (Dkt. #3), challenging a final order of removal to the Philippines by the Immigration and Naturalization Service ("INS"). On December 24, 2002, the Honorable Robert S. Lasnik granted petitioner's request for a temporary stay of deportation. (Dkt. #4). Based upon a preliminary review of the record, it is hereby 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 petitioner's § 2241 petition and complaint, of all documents in support thereof, and of this Order by registered or certified mail, return receipt requested.
(2) Within thirty (30) days after such service, respondents shall show cause why a writ of habeas corpus should not be granted by filing a return as provided in 28 U.S.C § 2243. As a part of such return, respondents shall submit a memorandum of authorities in support of their position, and should state whether an evidentiary hearing is necessary. Respondents shall file the return with the Clerk of the Court and shall serve a copy upon petitioner.
(3) Along with his request for habeas relief, and his request for a temporary stay of deportation, petitioner has requested to receive assistance with his case by Court-appointed counsel. (Dkt #3 at 3-4) The Court has construed this request as a Motion to Appoint Counsel, and the Clerk shall NOTE the motion for consideration on January 24, 2003, pursuant to Local Rule CR 7(d)(3).
(4) The Clerk shall send a copy of this Order to all counsel of record, and shall forward a copy of this Order to the Honorable Robert S. Lasnik.