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In his petition, Petitioner alleges that Defendants had requested his removal by Friday,

September 18, 2009. Petitioner’s counsel has since advised the Court that Defendants have

withdrawn that demand and are currently requiring that Petitioner check-in once a week, which

Petitioner contends is a great burden, due to excessive travel time that may result in the loss of

his employment. 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

RUTILIO MENJIVAR MENJIVAR, 

Petitioner, 

Case No. 09-13617

v. Hon. Lawrence P. Zatkoff 

JANET NAPOLITANO, Secretary, Department of 

Homeland Security; JOHN MORTON, Director,

Immigration and Customs Enforcement; and 

REBECCA ADDUCCI, Acting Director, Detroit

Immigration and Customs Enforcement, 

Respondents. 

 /

ORDER TO SHOW CAUSE

Petitioner, a native of El Salvador, filed a “Motion for Habeas Corpus and Emergency Stay

of Removal” in which he requests that the Court stay his removal pending adjudication of his

motion, and that the Court grant the writ, thereby enjoining Defendants from requiring weekly

check-ins and deporting him.1 Plaintiff maintains that, as a native of El Salvador, he enjoys

temporary protected status and cannot be removed. See 8 U.S.C. § 1254a. 

The Court has carefully reviewed Petitioner’s petition, and it is not satisfied that it possesses

jurisdiction over the petition. In sum, it appears that Petitioner requests a stay of his removal order

via a petition for habeas corpus. If true, the Court lacks jurisdiction to entertain that claim. See

Jusufi v. Chertoff, No. 07-15450, 2007 WL 4591760, at *2 (E.D. Mich. Dec. 28, 2007); Bonilla v.

Case 2:09-cv-13617-LPZ-MAR Document 3 Filed 10/02/09 Page 1 of 3
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U.S. Dep’t of Homeland Sec., Dist. Dir., No. 03 C 2077, 2003 WL 1860517, at *2 (N.D. Ill. Apr.

9, 2003). 

Moreover, Petitioner has presented no evidence that he possesses temporary protected status.

Rather, from the pleadings, the Court can only ascertain that El Salvador is a designated state whose

nationals can apply for temporary protected status. Whether Petitioner applied for, and was granted,

temporary protected status remains unknown. 

Accordingly, it is HEREBY ORDERED that Petitioner SHOW CAUSE, in writing, no later

than 5 p.m. on Friday, October 16, 2009, as to why the Court has jurisdiction to adjudicate this

petition. Along with his response, Petitioner shall include documentation that he has applied for,

and was granted, temporary protected status. Failure to comply with this order may result in the

dismissal of the case and/or the imposition of sanctions. Petitioner’s response shall contain specific

and accurate legal support, including pinpoint citations to authority relied on and shall be limited

to ten pages and comply with E.D. Mich. L.R. 5.1. Additionally, Petitioner shall fax his response

to Judge Zatkoff’s Chambers in Port Huron, at 810-984-1480.

IT IS SO ORDERED. 

S/Lawrence P. Zatkoff 

LAWRENCE P. ZATKOFF

UNITED STATES DISTRICT JUDGE

Dated: October 2, 2009

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CERTIFICATE OF SERVICE

The undersigned certifies that a copy of this Order was served upon the attorneys of record

by electronic or U.S. mail on October 2, 2009.

S/Marie E. Verlinde 

Case Manager

(810) 984-3290

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