Naranjo v. Bonnar ( 2020 )

1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 SILVIO NARANJO, Case No. 19-cv-07585-JD 5 Petitioner, ORDER TO SHOW CAUSE RE 6 v. HABEAS PETITION 7 ERIK BONNAR et al., Re: Dkt. No. 1 Respondents. 8 9 Silvio Naranjo is subject to a final order of deportation and has been in custody at the Mesa 10 Verde Immigration and Customs Enforcement Processing Center in Bakersfield, California, for 11 over six months. In a pro se petition for habeas relief under 28 U.S.C. § 2241, Naranjo says that 12 his country of origin, Ecuador, does not recognize him has a citizen, and that his detention appears 13 to be continuing indefinitely. Dkt. No. 1 at 4. The petition mentions detention communications in 14 August and November 2019, id., but it is unclear whether Naranjo has ever been given an 15 individualized custody hearing. See Diouf v. Napolitano, 634 F.3d 1081, 1082 (9th Cir. 2011). 16 Naranjo brings one claim for relief under 8 U.S.C. § 1231(a)(6). Id. at 5. 17 Because the record is not clear with respect to Naranjo’s detention proceedings, the federal 18 respondents are directed to file a return to the petition. The return should state respondents’ 19 position on whether the injunction issued in Gonzalez v. Sessions, 325 F.R.D. 616, 629 (N.D. Cal. 20 2018), applies to Naranjo. 21 The clerk shall issue a summons and the United States Marshal shall serve, without 22 prepayment of fees, copies of the Petition for Writ of Habeas Corpus, Dkt. 1 and copies of this 23 Order on the Respondents. Respondents will file and serve a return by February 3, 2020. To 24 accommodate his pro se status, Naranjo may file a response or traverse to the return by February 25 24, 2020. The Court will set a hearing if warranted. 26 27 1 IT IS SO ORDERED. 2 || Dated: January 14, 2020 3 JAMES MPONATO 4 United Ptates District Judge 5 6 7 8 9 10 11 12 © 15 16 = 17 Z 18 19 20 21 22 23 24 25 26 27 28 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 SILVIO NARANJO, 4 Case No. 19-cv-07585-JD Plaintiff, 5 ‘ Vv. CERTIFICATE OF SERVICE 5 ERIK BONNAR, et al., Defendants. 8 9 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. 10 District Court, Northern District of California. 11 12 That on January 15, 2020, ISERVED a true and correct copy(ies) of the attached, by 13 = placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by 14 depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery 15 receptacle located in the Clerk's office. Q 16 = 17 || Silvio Naranjo ID: 030698895 Mesa Verde Ice Processing Z 18 425 Golden State Ave. Bakersfield, CA 93301 19 20 21 Dated: January 15, 2020 22 Susan Y. Soong 23 Clerk, United States District Court 24 25 By: A Zé Low 26 LISA K. RK, Deputy Clerk to the 7 Honorable JAMES DONATO 28