(HC)Gonzalez Chavez v. Becerra

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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

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

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