Nak Kim Chhoeun et al v. David Marin et al

Filing 75

PRELIMINARY INJUNCTION by Judge Cormac J. Carney. IT IS HEREBY ORDERED that the Government is preliminarily restrained and enjoined from executing Petitioners final orders of removal until February 5, 2018. This Order extends to Respondents and a ny other federal officials and personnel involved in the removal process. The Order applies to the removal of all Petitioners, who are 92 individuals within the putative class who have received travel papers or who are being considered for travel papers. The Order shall not apply to the seventeen individuals who have filed motions to withdraw in this case. (See Dkts. 42-45, 47-59.) IT IS FURTHER ORDERED that for those Petitioners who file a motion to reopen by February 5, 2018, the Governm ents execution of their final orders of removal shall be stayed through the adjudication of the administrative process and seven days after the Board of Immigration Appeals denies any motion to reopen. After that seven day period, this Courts stay of removal shall expire. (es)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION

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) Case No.: SACV 17-01898-CJC(GJSx)
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NAK KIM CHHOEUN AND MONY
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NETH, individually and on behalf of a )
class of similarly-situated individuals, )
) PRELIMINARY INJUNCTION
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Petitioners,
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v.
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DAVID MARIN, DAVID JENNINGS, )
THOMAS HOMAN, ELAINE DUKE, )
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JEFFERSON SESSIONS III, SANDRA )
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HUTCHENS, AND SCOTT JONES,
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Respondents.
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This matter came before the Court upon Petitioners’ application for a Temporary

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Restraining Order and the Order to Show Cause Why a Preliminary Injunction Should

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Not Be Granted. On January 25, 2018, the Court issued an Order granting a preliminary

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injunction to temporarily stay the execution of Petitioners’ removal orders.

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IT IS HEREBY ORDERED that the Government is preliminarily restrained and

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enjoined from executing Petitioners’ final orders of removal until February 5, 2018. This

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Order extends to Respondents and any other federal officials and personnel involved in

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the removal process. The Order applies to the removal of all Petitioners, who are 92

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individuals within the putative class who have received travel papers or who are being

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considered for travel papers. The Order shall not apply to the seventeen individuals who

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have filed motions to withdraw in this case. (See Dkts. 42–45, 47–59.)

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IT IS FURTHER ORDERED that for those Petitioners who file a motion to reopen

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by February 5, 2018, the Government’s execution of their final orders of removal shall be

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stayed through the adjudication of the administrative process and seven days after the

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Board of Immigration Appeals denies any motion to reopen. After that seven day period,

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this Court’s stay of removal shall expire.

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DATED:

January 25, 2018
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CORMAC J. CARNEY

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UNITED STATES DISTRICT JUDGE

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