Perez v. Barr

• Court: District Court, D. Nevada
• Decided: May 14, 2021
• Docket: 2:21-cv-00139
• Status: Unknown

Opinion

6 UNITED STATES DISTRICT COURT

7 DISTRICT OF NEVADA

8 * * *

9 MILTON CAMACHO PEREZ, Case No. 2:21-cv-00139-RFB-NJK

10 Petitioner, ORDER v. 11 WILLIAM P. BARR, 12 Respondent. 13 14 Petitioner Milton Camacho Perez filed a pro se habeas corpus petition under 28 15 U.S.C. § 2241, which appears to challenge his continued detention by U.S. Immigration 16 and Customs Enforcement with no bond hearing (ECF No. 1-1). His application to 17 proceed in forma pauperis (ECF No. 3) is granted. 18 Aliens who are held in custody under 8 U.S.C. § 1226(a), while their petitions for 19 review of their removal orders are pending, are entitled to a bond hearing before an 20 Immigration Judge (IJ). See Casas–Castrillon v. Department of Homeland Sec., 535 F.3d 21 942, 951 (9th Cir. 2008). If they are dissatisfied with the IJ's bond determination, they may 22 file an administrative appeal so that "the necessity of detention can be reviewed by . . . 23 the [Board of Immigration Appeals] (BIA)." Prieto–Romero v. Clark, 534 F.3d 1053, 1059 24 (9th Cir. 2008). If they remain dissatisfied, they may file a petition for habeas corpus in 25 the district court. See Singh v. Holder, 638 F.3d 1196, 1200–03 (9th Cir. 2011). 26 27 1 Here, while Perez states that he has exhausted all available administrative 2 remedies, it is unclear whether this is accurate. Having conducted a preliminary review 3 of the petition, the court directs that it be served on respondents. 4 IT IS THEREFORE ORDERED that petitioner’s application to proceed in forma 5 pauperis (ECF No. 3) is GRANTED. 6 IT IS FURTHER ORDERED that the Clerk detach, file, and serve copies of the 7 petition (ECF No. 1-1), the motion for appointment of counsel (ECF No. 1-2) and this order 8 upon respondents as follows: 9 1. By having the United States Marshal, on or before the close of business on the 10 date that this order is entered, serve a copy of the petition (ECF No. 1-1), the motion for 11 appointment of counsel (ECF No. 1-2) and this order on the United States Attorney for 12 the District of Nevada or on an Assistant United States Attorney or clerical employee 13 designated by the United States Attorney pursuant to Rule 4(i)(1)(A) of the Federal Rules 14 of Civil Procedure. 15 2. By sending a copy of the petition (ECF No. 1-1), the motion for appointment of 16 counsel (ECF No. 1-2) and this order by registered or certified mail to the following: (1) 17 the Honorable William Barr, Attorney General of the United States, Department of Justice, 18 950 Pennsylvania Ave. NW, Washington, DC 20530; (2) the Honorable Chad Wolf, Acting 19 Secretary of the U.S. Department of Homeland Security, Washington, DC 20528; (3) 20 Bryan S. Wilcox, Field Office Director, United States Immigration and Customs 21 Enforcement, 501 Las Vegas Boulevard, South, Las Vegas, NV 89101; and (4) Warden, 22 Henderson Detention Center, 18 East Basic Road, Henderson, NV 89015. 23 IT IS FURTHER ORDERED that respondents FILE AND SERVE an answer or 24 other response to the petition (ECF No. 1-1) and a response to the motion for appointment 25 of counsel (ECF No. 1-2) within 20 days of the date that this order is entered, unless for 26 good cause additional time is allowed. 27 ' IT IS FURTHER ORDERED that respondents and petitioner file all exhibits with a 2 separate index of exhibits identifying the exhibits by number or letter. The parties will identify the CM/ECF attachments that are filed by the number or numbers (or letter or ‘ letters) of the exhibits in the attachment. The parties will send a hard copy (courtesy copy) of all pleadings and exhibit indices only on the date of filing to the staff attorneys, 6 in care of the Office of the Clerk of Court, United States District Court, 400 South Virginia St., Reno, NV 89501.

10 DATED: 14 May 2021.

11 1S RICHAR® BOULWARE, II 12 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28