Gokce v. Ashcroft

Full title: IRFAN GOKCE, Petitioner, v. JOHN D. ASHCROFT, United States Attorney…

Court: United States District Court, W.D. Washington, at Seattle

Date published: Jan 14, 2003

CASE NO. C03-0020L (W.D. Wash. Jan. 14, 2003)

Opinion

CASE NO. C03-0020L

January 14, 2003

ORDER TO SHOW CAUSE

RICARDO S. MARTINEZ, United States Magistrate Judge.

Petitioner is currently in custody at the Correctional Services Corporation ("CSC") in Seattle, Washington. On December 26, 2002, petitioner lodged a habeas petition and motion to appoint counsel, prepared by the American Immigration Law Foundation ("AILF"), pursuant to 28 U.S.C. § 2241, challenging his detention by the Immigration and Naturalization Service ("INS"). ( See Case No. C02-2568R (MJB)). Specifically, petitioner alleges that his mental incompetency requires the INS to appoint him counsel in his immigration proceedings, which they have failed to do. ( See Case No. C02-2568R (MJB), Lodged Petition at 2). In addition, petitioner alleges that the Immigration Court refuses to move forward with his removal proceedings unless he is provided counsel, and therefore, he is being detained indefinitely. (Case No. C02-2568 (MJB), Lodged Petition at 2-3). The Court ordered respondents to be served with that petition on January 14, 2003.

On January 5, 2003, petitioner filed, pro se, without the assistance of the AILF, the instant habeas petition pursuant to 28 U.S.C. § 2241. This petition, while lengthy and somewhat difficult to understand, appears to present the same allegations raised in his previously filed habeas petition. Accordingly, the court hereby ORDERS:

(1) Petitioner shall show cause within 21 business days of the date on which this Order is signed why the instant § 2241 petition, filed under Case No. C03-0020L, should not be dismissed as duplicative of the previous petition filed under Case No. C02-2568R (MJB). His response shall include a statement regarding whether there are new issues raised in the instant petition that are not included in the previously filed petition under Case No. C02-2568R (MJB).

(2) The Clerk shall send a copy of this Order to petitioner, and to the Honorable Monica J. Benton, United States Magistrate Judge, the Honorable Robert S. Lasnik, United States District Judge, and to the Honorable Barbara J. Rothstein, United States District Judge.