1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JOHNNY SIVARES MAUTHE, Case No. 23-cv-06244-KAW

8 Petitioner, ORDER TO SHOW CAUSE v. 9

10 FIELD OFFICE DIRECTOR, SAN FRANCISCO FIELD OFFICE, et al., 11 Respondents.

12 13 INTRODUCTION 14 Petitioner has filed a petition under

seeking federal habeas relief from his 15 continued detention by the United States Immigration and Customs Enforcement (ICE). Because 16 the petition states cognizable grounds for federal habeas relief, a response from respondents is 17 warranted. 18 BACKGROUND 19 The following facts come from the petition. Petitioner, a noncitizen, is currently detained 20 at the Mesa Verde Detention Center in Bakersfield. Petitioner was born in Thailand and entered 21 the United States in 1988 at the age of 12, later becoming a lawful permanent resident. He was 22 later convicted of first degree murder. He was detained by ICE on or around April 14, 2023 and 23 has remained in ICE custody since that date. He was ordered removed on April 27, 2023 and did 24 not appeal the order. He has cooperated with ICE’s efforts to deport him to Thailand, but removal 25 is unlikely because Thailand has no record of him. He challenges his continued detention as in 26 violation of

(a)(6). 27 DISCUSSION 1 constitutional challenges to post-removal-period immigration detention. Zadvydas v. Davis, 533

, 688 (2001). Courts shall “award the writ or issue an order directing the respondent to 3 show cause why the writ should not be granted, unless it appears from the application that the 4 applicant or person detained is not entitled thereto.”

§ 2243. 5 Petitioner’s challenge to his continued detention does not appear to be without merit. 6 Section 1231(a)(6) “does not permit indefinite detention.” Zadvydas, 533 U.S. at 689. “[I]f 7 removal is not reasonably foreseeable, the court should hold continued detention unreasonable and 8 no longer authorized by statute” and should condition release “on any of the various forms of 9 supervised release that are appropriate in the circumstances.” Id. at 699-700. Post-removal-period 10 detention is presumptively constitutional for six months. Id. at 701. After six months, if the non- 11 citizen “provides good reason to believe that there is no significant likelihood of removal in the 12 reasonably foreseeable future, the Government must respond with evidence sufficient to rebut that 13 showing.” Id. Petitioner has provided good reason, and the Government must therefore respond. 14 CONCLUSION 15 1. The Clerk shall serve a copy of this Order, the Petition, and all attachments thereto 16 on Respondents and Respondents’ counsel. The Clerk shall also send a copy of the Petition to 17 the Attorney General of the United States in Washington, DC, and to Petitioner. 18 2. Respondent shall file with this Court and serve upon Petitioner, within sixty (60) days of 19 the issuance of this Order, an Answer responding to the allegation of the Petition 20 and showing cause why a Writ of Habeas Corpus should not be issued. Respondents shall file 21 with the Answer a copy of all documents that are relevant to a determination of the issues 22 presented by the Petition. 23 3. If Petitioner wishes to respond to the Answer, he shall do so by filing a Traverse with the 24 Court and serving it on Respondent within sixty (60) days of his receipt of the Answer. Should 25 Petitioner fail to do so, the Petition will be deemed submitted and ready for decision sixty (60) 26 days after the date Petitioner is served with Respondent’s Answer. 27 4. Respondent may file with this Court and serve upon Petitioner, within sixty (60) days of 1 Respondent files such a motion, Petitioner shall file with the Court and serve on Respondent an 2 Opposition or Statement of Non-opposition to the motion within sixty (60) days of receipt of the 3 || motion, and Respondent shall file with the Court and serve on Petitioner a Reply within fourteen 4 (14) days of receipt of any Opposition. 5 5. Itis Petitioner’s responsibility to prosecute this case. Petitioner must keep the Court 6 || informed of any change of address by filing a separate paper captioned “Notice of Change of 7 || Address.” He must comply with the Court’s Orders in a timely fashion. Failure to do so may 8 || result in the dismissal of this action for failure to prosecute pursuant to Federal Rule of Civil 9 Procedure 41(b). 10 6. Upon a showing of good cause, requests for a reasonable extension of time will be granted 11 provided they are filed on or before the deadline they seek to extend. 12 7. The Court notes that the filing fee has been paid. 5 13 IT IS SO ORDERED. || Dated: January 11,2024

16 } a ltd. I ANDIS A. WESTMORE 17 United States Magistrate Judge 18 19 20 21 22 23 24 25 26 27 28