(HC)Gonzalez Chavez v. Becerra

Opinion

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 ELIAZAR GONZALEZ CHAVEZ, Case No. 1:24-cv-01032-EPG-HC

12 Petitioner, ORDER DIRECTING ATTORNEY FRIEND TO FILE PETITION TO PRACTICE IN 13 v. EASTERN DISTRICT OR FILE NOTICE OF SUBSTITUTION OF COUNSEL, 14 MOISES BECERRA, et al., DIRECTING RESPONDENTS TO FILE A RESPONSE TO PETITIONER’S MOTION 15 Respondents. TO AMEND, AND DIRECTING CLERK OF COURT TO SERVE ORDER ON OFFICE 16 OF THE UNITED STATES ATTORNEY FOR THE EASTERN DISTRICT OF 17 CALIFORNIA

18 19 Petitioner Eliazar Gonzalez Chavez, represented by counsel, is a federal immigration 20 detainee proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. 21 Petitioner filed a petition for writ of habeas corpus in the United States District Court for 22 the Northern District of California on June 26, 2023. (ECF No. 1.) On August 28, 2024, the 23 United States District Court for the Northern District of California issued an order transferring 24 the petition to this Court in light of the Ninth Circuit’s recent decision in Doe v. Garland, 109 25 F.4th 1188 (9th Cir. 2024). (ECF No. 35.) 26 On September 16, 2024, this Court granted Petitioner leave to file a motion to amend the 27 petition to name a proper respondent. (ECF No. 41.) See Doe, 109 F.4th at 1197 (“Under Padilla, [Petitioner] must name his immediate custodian, the Facility Administrator of GSA, as the 1 | respondent to his petition.”). On September 26, 2024, Petitioner filed a motion to amend the 2 | petition to name the correct respondent. (ECF No. 42.) 3 The docket reflects Attorney Molly Anne Landon Friend as an attorney of record for 4 | Respondents. On August 30, 2024, the Clerk of Court issued a notice directing Attorney Friend 5 | to submit a petition to practice in the Eastern District of California. (ECF No. 37.) To date, the 6 | Court has not been able to locate any record that Attorney Friend is admitted to the Bar of this 7 | Court. Local Rule 180 governs admission of attorneys to practice before this Court. “Admission 8 | to and continuing membership in the Bar of this Court are limited to attorneys who are active 9 | members in good standing of the State Bar of California.” L.R. 180(a). Each applicant for 10 | admission must present to the Clerk a Petition by Attorney for Admission to Practice before the 11 | Eastern District which complies with the requirements of Local Rule 180(a). 12 IT IS HEREBY ORDERED that: 13 1. Within seven (7) days of the date of service of this order, Attorney Friend SHALL submit 14 a petition to practice in the Eastern District of California or file a notice of substitution of 15 counsel; 16 2. Within fourteen (14) days of the date of service of this order, Respondents SHALL FILE 17 a response to Petitioner’s motion to amend; and 18 3. The Clerk of Court is DIRECTED to SERVE a copy of this order on the Office of the 19 United States Attorney for the Eastern District of California. 20 IT IS SO ORDERED. 22| Dated: _ October 1, 2024 [see hy — UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28