Odimara v. Bostock

• Court: District Court, W.D. Washington
• Decided: April 30, 2024
• Docket: 2:24-cv-00572
• Status: Unknown

Opinion

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5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT TACOMA 9 10 FIDEL LEON ODIMARA, CASE NO. 2:24-cv-00572-JHC-GJL 11 Petitioner, v. ORDER SUBSTITUTING 12 RESPONDENT, FILING OF THE ALEJANDRO MAYORKAS, RETURN AND STATUS REPORT, 13 § 2241 PETITION Respondent. 14

15 Petitioner Fidel Leon Odimara, who is proceeding pro se, has filed a 28 U.S.C. § 2241 16 immigration habeas Petition. Dkt. 3. Having reviewed the Petition, the Court ORDERS the 17 following: 18 (1) Substitution of Respondent 19 Petitioner has named Alejandro Mayorkas as Respondent for this action. However, the 20 proper respondent for § 2241 petitions is “the person who has custody over [the petitioner],” not 21 the United States Secretary of Homeland Security. See Rumsfeld v. Padilla, 542 U.S. 426, 434– 22 35 (2004) (citing 28 U.S.C. §§ 2242, 2243). Petitioner represents that he is currently detained at 23 the Northwest ICE Processing Center (see Dkt. 3), so the proper respondent for this action is 24 1 Drew Bostock, the Field Office Director in charge of that facility. Accordingly, the Clerk of 2 Court is directed to substitute Field Office Director Drew Bostock as the Respondent in this 3 action. The Clerk is also directed to update the case title. 4 (2) Service

5 If not previously accomplished, electronic posting of this Order and Petitioner’s § 2241 6 habeas petition shall effect service upon the United States Attorney of the Petition and all 7 supporting documents. Service upon the United States Attorney is deemed to be service upon the 8 named Respondents. 9 (3) Return 10 Within 30 days of the date this Order is posted, Respondent shall show cause why a 11 writ of habeas corpus should not be granted by filing a return as provided in 28 U.S.C. § 2243. 12 As a part of such return, Respondent shall submit a memorandum of authorities in support of 13 their position and should state whether an evidentiary hearing is necessary. Respondent must also 14 address whether this Court has jurisdiction to address each claim raised in the Petition.

15 Respondent shall file the return with the Clerk of the Court and shall serve a copy upon 16 Petitioner. The return will be treated in accordance with LCR 7. Accordingly, on the face of the 17 Return, Respondent shall note it for consideration on the first business day occurring 28 days 18 after it is filed, and the Clerk shall note the Return accordingly. Petitioner may file and serve a 19 response not later than 21 days after the Return is filed and served, and Respondent may file and 20 serve a reply brief not later than the business day designated for consideration of the matter. 21 // 22 // 23

24 1 (4) Change in Custody Status 2 If Petitioner’s custody status changes at any point during this litigation, Respondent 3 shall file a status update with the Court as soon as possible and no later than 14 days after 4 the change.

5 The Clerk is directed to send copies of this Order to Petitioner and to the Honorable John 6 H. Chun. 7 Dated this 30th day of April, 2024. 8 A 9 10 Grady J. Leupold United States Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24