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- ilnd;;1:20-cv-01792_de1072 RegisterActionDate "2020-05-25" @default.
- ilnd;;1:20-cv-01792_de1072 RegisterActionDescriptionText "MINUTE entry before the Honorable Robert M. Dow, Jr: This matter is before Judge Dow as emergency judge. Petitioner filed a petition for a writ of habeas corpus 1 last Wednesday, May 20. Two days later, he filed a motion for rule to show cause on the regular civil docket, Case No. 20-cv-2999. On Sunday, May 24, he filed the motion on the emergency docket, Case No. 20-cv-1792. Petitioner states that he has been detained by Respondents since November 2019. He claims that the Chicago Immigration Court rescheduled his final hearing on the merits of his deportation case three times, but that the final hearing took place last Thursday, May 21. According to Petitioner, the Immigration Judge reserved ruling, so Petitioner is waiting for a final decision. Petitioner invokes 28 U.S.C. 2243, claiming that his prolonged detention violates the Fifth Amendment. Section 2243 provides for a return date on a rule to show cause "within three days unless for good cause additional time, not exceeding twenty days, is allowed," followed by a hearing "not more than five days after the return unless for good cause additional time is allowed." In the first instance, the Court finds good cause to allow a week for a response to the rule to show cause given the possibility that a decision could be rendered by the Immigration Court that might moot the petition altogether. Accordingly, Respondents are ordered to file a response to the motion for rule to show cause by 6/1/2020. After the response is reviewed, the Court - either the emergency judge or the assigned judge - will determine whether to set a deadline for a reply brief and/or schedule the matter for a hearing as provided by the statute. The Clerk is directed to terminate the motion (docket entry 1060 ) on the emergency docket. All further filings should be made on the regular civil docket in Case No. 20-cv-2999 only. Mailed notice (cdh, ) (Entered: 05/25/2020)" @default.
- ilnd;;1:20-cv-01792_de1072 AdministrativeID "1063" @default.
- ilnd;;1:20-cv-01792_de1072 OntologyLabel minute_entry @default.
- ilnd;;1:20-cv-01792_de1072 hasReferenceToOtherEntry ilnd;;1:20-cv-01792_de0 @default.
- ilnd;;1:20-cv-01792_de1072 hasReferenceToOtherEntry ilnd;;1:20-cv-01792_de1069 @default.