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18-619 - (HC) Phan v. Homan et al


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18-619 - (HC) Phan v. Homan et al
March 28, 2018
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/27/2018 GRANTING 2 Motion to Proceed IFP; GRANTING 3 Request for Appointment of Counsel; APPOINTING the Federal Defender to represent Petitioner; DIRECTING Clerk of Court to serve a copy of this order and 1 Application for Writ of Habeas Corpus upon the US Attorney for the Eastern District of CA; and ORDERING Respondent to serve and file certified copies of Petitioner's ICE file within a reasonable time but no later than 30 days after this order is served. Within 30 days after the filing of Petitioner's ICE file, the parties shall propose a briefing schedule by lodged stipulation and order. A status conference will be set upon written request by any party. Attorney FD for Minh Chuong Huu Phan added. (cc: Federal Defender Habeas Appointment) (Henshaw, R)
May 1, 2018
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/01/18 GRANTING 11 respondent's request. The following portions of the March 28, 2018 order are vacated: 5. Respondent shall serve and file certified copies of petitioners ICE file within a reasonable time but no later than thirty days after this order is served. 6. Within thirty days after the filing of petitioners ICE file, the parties shall propose a briefing schedule by lodged stipulation and order.5 at 2). Petitioner's request for production 12 is granted. On or before May 24, 2018, respondent shall produce to petitioners counsel those portions of the A File that consist of or reflect the following: 1. The date petitioner entered the United States; 2. Petitioners immigration status when he entered the United States; 3. A copy of petitioners removal order; 4. A copy of petitioners previous conditions of supervision; and 5. All records involving respondents efforts to carry out petitioners removal order, including internal communications within the United States government agencies and communications with the government of Vietnam.(Plummer, M) Modified on 5/1/2018 (Plummer, M).
May 15, 2018
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STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 5/15/2018 DISMISSING the Petition as moot and VACATING the 6/7/2018 Motion Hearing. (Fabillaran, J) Modified on 5/16/2018 (Plummer, M).