Opinion
CASE NO. C02-2229L.
January 15, 2003
ORDER GRANTING PETITIONER'S REQUEST FOR EXTENSION OF TIME TO RESPOND TO RSR
On November 6, 2002, petitioner filed, pro se, a habeas corpus petition pursuant to 28 U.S.C. § 2241, which challenged his continued detention by the Immigration and Naturalization Service ("INS") after: (1) an immigration judge ("IJ") granted him release on bond during removal proceedings; (2) petitioner posted such bond, but the INS rejected it after receiving an automatic stay of the IJ's custody determination; (3) petitioner then received a grant of relief from removal under INA § 209(c); (4) respondents failed to appeal the grant or relief; and (5) the grant of relief is now administratively final. (Dkt. #2). Petitioner further Sought a temporary restraining order ("TRO") enjoining respondents from moving him to multiple INS detention centers, and from preventing him from speaking with his children by telephone. (Dkts. #2 at 4-5 and #8).
On November 8, 2002, this Court ordered respondents to file a Return and d Status Report ("RSR") to petitioner's habeas petition within 30 days of the date of the Order. (Dkt. #4). At the same time, respondents were ordered to respond to petitioner's motion for a TRO no later than November 25, 2002. (Dkt. #4 at 2). Respondents did not respond to petitioner's motion for a TRO by that date, nor did they move for an extension of time in which to file such response. Petitioner then filed a filed a memorandum in support of his motion. Dkt. #8).
On December 4, 2002, respondents were ordered to show cause why petitioner's motion for a TRO should not be granted. (Dkt. #6). In the meantime, petitioner was granted leave to amend his habeas petition to include new evidence, not previously available, that his grant of relief was never appealed by the INS. (Dkts. #5 and #7).
Respondents' response to the Order to Show Cause and their RSR were due on December 11, 2002. On that date, respondents filed a response and motion for an extension of time to respond to petitioner's motion for a TRO and to file their RSR. (Dkt. #9). Respondents cited an especially heavy caseload, the late receipt of petitioner's administrative file, and petitioner's professional-looking briefs as the reasons for their request. On December 17, 2003, the Court granted respondents' request for extension of time. (Dkt. #10). The Court ordered that respondents' RSR be filed no later than January 6. 2003, and that petitioner's reply be filed no later than January 13, 2003. At the same time, however, the Court recognized that petitioner had provided ample evidence that his immigration case was over, and ordered his re]ease pending the final outcome of the instant habeas petition. (Dkt. #10 at 2-3). Petitioner was subsequently released pursuant to the order of the Court. (Dkt. #13).
On January 6, 2003, respondents filed their RSR, along with a motion to. dismiss. (Dkt. #15). On January 13, 2003, petitioner filed a motion for extension of time, along with a motion to appoint counsel. (Dkt. #16). Petitioner explains that he is unfamiliar with the Seattle-area, and that he needs extra time to conduct legal research and adequately prepare his response to the INS return and status report. Accordingly, the Court hereby Orders:
(1) Petitioner's Motion for Extension of Time (Dkt. #16) is GRANTED. Petitioner shall file a response to the RSR no later than February 7, 2003. Respondents may file a reply to petitioner's response no later than February 13, 2003.
(2) The habeas petition shall be RE-NOTED for consideration on February 14, 2003.
(3) Petitioner's Motion for Appointment of Counscl (Dkt. #16) shall remain noted for consideration on January 31, 2003.
(4) The Clerk shall send a copy of this Order to petitioner and respondents, and shall forward a copy of this Order to the Honorable Robert S. Lasnik.