Yong v. Chertoff et al Doc.

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Case 3:08-cv-00007-LAB-WMC Document 5 Filed 01/17/2008 Page 1 of 2

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8 UNITED STATES DISTRICT COURT
9 SOUTHERN DISTRICT OF CALIFORNIA
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11 CHEUK FUNG YONG, CASE NO. 08cv0007-LAB (WMc)
12 Plaintiff, ORDER APPOINTING COUNSEL;
vs. AND
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ORDER TO SHOW CAUSE
14 MICHAEL CHERTOFF, et al.,
15 Defendant.
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Petitioner Cheuk Fung Yong has filed a Petition for Writ of Habeas Corpus pursuant to
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28 U.S.C. § 2241 (“Petition”). Petitioner moved for leave to proceed in forma pauperis, and for
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appointment of Federal Defenders as his counsel in this action. On January 10, 2008, the Court
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granted Petitioner leave to proceed in forma pauperis. Having considered Petitioner’s motion for
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appointment of counsel, and for good cause shown, the Court hereby appoints Federal Defenders of
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San Diego, Inc. as counsel for Petitioner for purposes of this Petition only.
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IT IS HEREBY ORDERED Respondents shall show cause why the Petition should not be
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granted through a Return filed and served on or before February 8, 2008. The Return shall include
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a memorandum of law and fact fully stating Respondents’ position and recommendations as to the
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need for this Court to conduct an evidentiary hearing on the merits of the Petition; copies of all
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pertinent filings, orders of the agencies, trial courts, and appellate courts relating to the case; and a
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transcript of the proceedings relevant to this case. If Respondents provide government agency
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Dockets.Justia.com
 Case 3:08-cv-00007-LAB-WMC Document 5 Filed 01/17/2008 Page 2 of 2

1 computer printouts (such as “Custody Summary Inquiries” or “EOIR Data Inquiries” or “Case
2 Summaries”), Respondent shall also include in the Return an adequate explanation of the codes and
3 information contained in the printouts relied upon.
4 IT IS FURTHER ORDERED that if Petitioner wishes to reply to the Return, Petitioner must
5 file and serve a Traverse on or before March 10, 2008. Upon receipt of the Traverse, or upon
6 expiration of the deadline to file a Traverse, the matter will be deemed under submission absent further
7 order of the Court.
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9 IT IS SO ORDERED.
10 DATED: January 16, 2008
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12 HONORABLE LARRY ALAN BURNS
United States District Judge
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