Pak v. Bonnar ( 2020 )

1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 PAK LOURTH, No. C 19-8294 WHA (PR) 9 Petitioner, ORDER TO SHOW CAUSE; 10 GRANTING LEAVE TO PROCEED v. IN FORMA PAUPERIS 11 ERIK S. BONNER, et al., (Dkt. Nos. 2, 5) 12 Respondents. 13 / 14 INTRODUCTION 15 Petitioner, a detainee of the Immigration and Customs Enforcement (“ICE”) pursuant to 16 a removal order, filed this pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 17 2241. His native country, Cambodia, will not allow ICE to return him there. Therefore, ICE 18 has continued his detention indefinitely, which he challenges in the instant petition. He also 19 seeks to proceed in forma pauperis pursuant. 20 DISCUSSION 21 22 A. STANDARD OF REVIEW A district court may entertain a petition for a writ of habeas corpus challenging the 23 execution of a federal sentence only on the ground that the sentence is being executed "in 24 violation of the Constitution or laws or treaties of the United States." 28 U.S.C. § 2241(c)(3); 25 United States v. Giddings, 740 F.2d 770, 772 (9th Cir. 1984). The court should "award the writ 26 or issue an order directing the respondent to show cause why the writ should not be granted, 27 unless it appears from the application that the applicant or person detained is not entitled 28 1 B. LEGAL CLAIM 2 When liberally construed, the petition states a cognizable claim for habeas relief. 3 CONCLUSION 4 For the foregoing reasons and for good cause shown, 5 1. Petitioner's request to proceed in forma pauperis is GRANTED. 6 2. The clerk shall serve by certified mail a copy of this order and the petition and all 7 attachments thereto upon the respondent and the respondent's attorney, the United States 8 Attorney for the Northern District of California. The clerk shall also send a copy of the petition 9 to the Attorney General of the United States in Washington, D.C. 10 3. Respondent shall file with this court and serve upon the petitioner, within thirty days 11 of the date this order is entered, an answer responding to the allegations of the petition and 12 showing cause why a writ of habeas corpus should not be issued. The respondent shall file with 13 the answer a copy of all documents that are relevant to a determination of the issues presented 14 by the petition. 15 4. If petitioner wishes to respond to the answer, he shall do so by filing a traverse with 16 the court and serving it upon the respondent within thirty days of service of the answer. 17 IT IS SO ORDERED. 18 Dated: March 2 , 2020. 19 WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28