Marqus v. Adducci ( 2020 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION AMMAR MURQUS, Petitioner, CASE NO. 20-11121 v. Honorable Denise Page Hood REBECCA ADDUCI, DETROIT DISTRICT DIRECTOR OF BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT, Respondent. / ORDER TO SHOW CAUSE AND CHANGE OF CAPTION and NOTICE OF HEARING The Petitioner brings this Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241.1 The Court has reviewed the Petition and deems that it is not appropriate for summary dismissal. Pursuant to 28 U.S.C. § 2243, the Respondent shall file a response to the petition and Order to Show Cause within 20 days, along with relevant or supporting documentation on or before June 17, 2020. A hearing is scheduled for June 22, 2020, 9:30 a.m. In order to preserve the Court’s jurisdiction over this matter, it is ordered that Petitioner’s removal or deportation is hereby stayed until further order of the Court. 28 U.S.C. § 1651. For good cause shown, the Government may move to vacate the stay. 1Petitioner cites 28 U.S.C. § 2254 (person in custody under state court judgment) on the first page of the Petition, but later cites to 28 U.S.C. § 2241 (person in custody under federal law) in the Petition. A district court shall direct a writ of habeas corpus “to the person having custody of the person detained.” 28 U.S.C. § 2243. The ICE District Director for the district where a detention facility is located “has power over” alien habeas corpus petitioners. Roman v. Ashcroft, 340 F.3d, 314, 320 (6th Cir. 2003). Therefore it is ordered that the caption of this case is amended as shown above. SO ORDERED. Dated: June 3, 2020 s/Denise Page Hood DENISE PAGE HOOD CHIEF JUDGE I hereby certify that a copy of the foregoing document was served on the parties and to counsel of record on this date, June 3, 2020, by electronic and/or ordinary mail, by fax (or email) to the United States Attorney. s/LaShawn Saulsberry Case Manager (313) 234-5167