Opinion
CASE NO. C02-2387R
January 17, 2003
ORDER TO SHOW CAUSE
Petitioner has filed, through counsel, a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, challenging a final order of removal by the Immigration and Naturalization Service ("INS") to his native country of Mexico, along with a Motion for Temporary Restraining Order ("TRO"). (Dkts. #1 and #2). The petition and motion were filed on November 26, 2002. On December 9, 2002, this Court issued an Order directing that the petition and motion be served on respondents, and that respondents file a Return and Status Report ("RSR") within 30 days of service. (Dkt. #4). Respondents were also ordered to file a response to petitioner's motion for a TRO no later than December 23, 2002. (Dkt. #4 at 2). Respondents failed to file a response to petitioner's motion. On January 13, 2002, the Honorable Barbara Jacobs Rothstein granted petitioner's TRO. (Dkt. #5).
Respondents' RSR was due on or about January 10, 2002. As of the date of this Order, respondents have neither filed the RSR nor moved for an extension of time. Accordingly, the Court hereby ORDERS:
(1) Respondents shall show cause within 7 calendar days of the date on which this Order is signed why petitioner's § 2241 petition should not be granted.
(2) The Clerk shall send a copy of this Order to all counsel of record and to the Honorable Barbara Jacobs Rothstein, United States District Judge.