UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
August 14, 2008
MANUEL GONZALEZ-LEYTON, PETITIONER,
MICHAEL CHERTOFF, SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY, ET AL., RESPONDENTS.
The opinion of the court was delivered by: M. James Lorenz United States District Court Judge
ORDER GRANTING RESPONDENTS' EX PARTE MOTION TO HOLD PROCEEDINGS IN ABEYANCE PENDING EXTRA-JUDICIAL RESOLUTION EFFORTS
On August 8, 2008, Respondent in this habeas corpus proceeding pursuant to 28 U.S.C. § 2241 filed an Ex Parte Motion to Hold Proceedings in Abeyance Pending Extra-judicial Resolution Efforts ("Application"). Petitioner has not filed an opposition.
Respondent requests to hold these proceedings in abeyance until September 8, 2008 in order to comply with Prieto-Romero v. Mukasey, __ F.3d __, 2008 WL 2853396 (9th Cir. Jul. 25, 2008), and Casas-Castrillon v. DHS, __ F.3d __, 2008 WL 2902026 (9th Cir. Jul. 25, 2008), which strongly suggest that Petitioner should receive a bond hearing before an immigration judge. Respondent believes that Petitioner's claims may be resolved before September 8, 2008 without court intervention.
For good cause having been shown, Respondent's Application is GRANTED. The instant proceeding shall be held in abeyance until September 8, 2008. IT IS FURTHER
ORDERED that no later than September 2, 2008, the parties shall jointly file a status report to inform the court of the progress of their extra-judicial efforts.
IT IS SO ORDERED.
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