1

2

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 DANIEL MARTINEZ PEREZ, Case No. 2:20-cv-00813-JCM-BNW

6 Petitioner, v. ORDER 7 THE UNITED STATES OF AMERICA, et al., 8 Respondents. 9 10 Petitioner Daniel Martinez Perez is a 31-year old native and citizen of Mexico who is 11 currently detained pending removal proceedings by the United States Immigration and Customs 12 Enforcement division of the Department of Homeland Security. On May 6, 2020, he filed a 13 petition for writ of habeas corpus (ECF No. 1) pursuant to

. This habeas matter 14 is before the court for initial review under the Rules Governing Section 2254 Cases.1 15 Pursuant to Habeas Rule 4, the assigned judge must examine the habeas petition and order 16 a response unless it “plainly appears” that the petitioner is not entitled to relief. See Valdez v. 17 Montgomery,

(9th Cir. 2019). This rule allows courts to screen and dismiss 18 petitions that are patently frivolous, vague, conclusory, palpably incredible, or false. Hendricks v. 19 Vasquez,

(9th Cir. 1990) (collecting cases). The court may also dismiss claims 20 at screening for procedural defects. See Boyd v. Thompson,

(9th Cir. 1998). 21 Petitioner filed his petition seeking review of the of constitutional and legal issues arising 22 from an immigration judge’s bond determination. He alleges his due process rights were violated 23 when the immigration judge improperly placed the burden of proof on him to prove that he was 24 not a danger to the community or flight risk. Instead, Petitioner claims the Due Process Clause of 25 the Fifth Amendment requires the government carry the burden of proving dangerousness or flight 26 1 All references to a “Habeas Rule” or the “Habeas Rules” in this order identify the Rules Governing Section 27 2254 Cases in the United States District Courts. 1 risk by clear and convincing evidence. Having conducted an initial review, the court will direct 2 issuance of summonses, service of the petition, and set briefing deadlines. 3 IT IS THEREFORE ORDERED: 4 1. The Clerk of Court is directed to ISSUE SUMMONSES (ECF Nos. 1-2, 1-3, 1-4, 1-5, 5 1-6) to respondents and deliver the same to the United States Marshal for service along 6 with a copy of the petition (ECF No. 1), and this order. 7 2. The Clerk of Court shall SEND VIA REGISTERED OR CERTIFIED MAIL a copy of 8 the petition, this order, and summons for the particular respondent to the following: 9 a. The Hon. William Barr, Attorney General of the United States, Department of 10 Justice, 950 Pennsylvania Ave. NW, Washington, D.C. 20530. 11 b. The Hon. Chad F. Wolfe, Acting Secretary of the United States Department of 12 Homeland Security, Washington, D.C. 20528. 13 c. Kerri Ann Quihuis, Field Office Director, United States Customs and 14 Immigration Services, 501 Las Vegas Blvd. S., Las Vegas, Nevada, 89101. 15 d. Jeanne M. Kent, Officer in Charge, United States Customs and Immigration 16 Services, 5650 Badura Ave., Suite 100, Las Vegas, Nevada, 89118. 17 3. The United States Marshal is instructed to SERVE a copy of the petition, summons for 18 the United States of America, and this order on the United States Attorney for the 19 District of Nevada or on an Assistant United States Attorney or clerical employee 20 designated by the United States Attorney pursuant to Rule 4(i)(1)(A) of the Federal 21 Rules of Civil Procedure. 22 4. Respondents will have 21 days from the date of service to file and serve an answer or 23 otherwise respond to the petition. 24 5. If respondents file an answer to the petition, petitioner Daniel Martinez Perez will have 25 14 days to file a reply to the answer. If respondents file a motion to dismiss instead of 26 an answer, the parties will brief the motion in accordance with LR 7-2 and 7-3 of the 27 Local Rules of Practice. 1 6. Respondents must file all exhibits relevant to their response, including the record of the 2 bond proceedings, in chronological order. 3 7. All exhibits must be filed in accordance with LR IA 10-3 and LR IC 2-2 and include a 4 separate index identifying each exhibit by number or letter. The index must be filed in 5 CM/ECF’s document upload screen as the base document to receive the base docket 6 number (e.g., ECF No. 10). Each exhibit must then be filed as an “attachment” to the 7 base document—the index—to receive a sequenced sub-docket number (e.g., Exhibit 8 A (ECF No. 10-1), Exhibit B (ECF No. 10-2), Exhibit C CECF No. 10-3), and so forth). 9 If the exhibits will span more than one filing, the base document in each successive 10 filing must be either a copy of the index or volume cover page. See LR IC 2-2(a)(3)(A). 11 8. For this case, NO PAPER COURTESY COPIES are required. 12 DATED May 13, 2020. 13 14 ; a {4d © Atal len JAMESG.MAHAN.————S 15 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28