Castro Gomez v. Current or Acting Field Office Director

Bad Law
United States District Court, Northern District of CaliforniaDecember 19, 20193:19-cv-07019California752 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JOSE CATARINO CASTRO GOMEZ, Case No. 19-cv-07019-VC (PR)

Petitioner,

ORDER TO SHOW CAUSE;

v. GRANTING MOTIONS TO PROCEED

IN FORMA PAUPERIS; DENYING

CURRENT OR ACTING SECRETARY MOTION FOR APPOINTMENT OF

OF THE DEPARTMENT OF COUNSEL

HOMELAND SECURITY, et al., Re: Dkt. Nos. 2, 3, 6 Respondents.

Jose Catarino Castro Gomez, a detainee in immigration custody at the Yuba County Jail, located in Yuba, California, has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2241 claiming his prolonged detention without a hearing is unconstitutional. Gomez’s motions for leave to proceed in forma pauperis are granted (docket nos. 2, 6). The Court has jurisdiction to hear this case because named defendant Erik Bonnar, Acting Director of the San Francisco Field Office of United States Immigration and Customs Enforcement, is the proper respondent. See Saravia v. Sessions, 280 F.Supp. 3d 1168, 1187 (N.D. Cal. 2017) (where a readily identifiable federal official exercises more immediate control over a contract facility than the Attorney General or other…

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