Obeya v. Sessions, 2:18-cv-01586-JAD-VCF. (2018)
Court: District Court, D. Nevada
Number: infdco20181214e00
Visitors: 1
Filed: Dec. 12, 2018
Latest Update: Dec. 12, 2018
Summary: Order Directing Government to File Status Report JENNIFER A. DORSEY , District Judge . Petitioner Clement Obeya filed this habeas petition to challenge his detention during removal proceedings initiated on or about November 10, 2008. 1 Respondents advise that, following the filing of the petition, Obeya was released and a motion to terminate the removal proceedings filed. 2 They therefore ask that this action be dismissed with prejudice. Obeya opposes, arguing that as long as the removal
Summary: Order Directing Government to File Status Report JENNIFER A. DORSEY , District Judge . Petitioner Clement Obeya filed this habeas petition to challenge his detention during removal proceedings initiated on or about November 10, 2008. 1 Respondents advise that, following the filing of the petition, Obeya was released and a motion to terminate the removal proceedings filed. 2 They therefore ask that this action be dismissed with prejudice. Obeya opposes, arguing that as long as the removal p..
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Order Directing Government to File Status Report
JENNIFER A. DORSEY, District Judge.
Petitioner Clement Obeya filed this habeas petition to challenge his detention during removal proceedings initiated on or about November 10, 2008.1 Respondents advise that, following the filing of the petition, Obeya was released and a motion to terminate the removal proceedings filed.2 They therefore ask that this action be dismissed with prejudice. Obeya opposes, arguing that as long as the removal proceedings remain pending, he may be re-detained.3
I am not inclined to dismiss this action while the removal proceedings initiated on or about November 10, 2008, remain pending, absent an assurance from respondents that petitioner will not be re-detained.4 Accordingly, IT IS HEREBY ORDERED that, respondents have until February 12, 2019, to file a notice that advises the court on the status of petitioner's removal proceedings and the motion to terminate same.
FootNotes
1. ECF Nos. 6 & 16-1.
2. ECF Nos. 10 & 16.
3. ECF Nos. 12 & 13.
4. See Diouf v. Napolitano, 634 F.3d 1081, 1084 n.3 (9th Cir. 2010).
Source: Leagle
