Opinion
CASE NO C03-0109R
January 27, 2003
ORDER FOR RETURN TO HABEAS PETITION AND MOTION FOR STAY OF REMOVAL
Petitioner has filed, through counsel, a habeas corpus petition pursuant to 28 U S.C. § 2241, challenging a final order of removal to Mexico by the Immigration and Naturalization Service ("INS"). (Dkt. #1) Within his petition, petitioner requests a temporary stay of removal, and asks that he be allowed to remain free of custody and working during the length of these proceedings. (Dkt #1 at 2). The Court has construed this request as a motion for such relief Accordingly, based upon a preliminary review of the record, it is hereby 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 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) The Clerk shall NOTE petitioner's request for stay of removal (Dkt. #1 at 2) for consideration on February 14, 2003.
(4) Respondents shall file a response to petitioner's request for stay of removal no later than February 10, 2003, in accordance with Local Rule, CR 7(d)(3).
(5) The Clerk shall send a copy of tins Order to all counsel of record, and shall forward a copy of this Order to the Honorable Barbara Jacobs Rothstein.