Barragan-Campos v. Chertoff et al

Filing 19

ORDER re 5 Emergency MOTION to Stay Removal and for Writ of Habeas Corpus filed by Rogelio Barragan-Campos. Petitioner not to be removed from the United States. DHS/ICE directed to immediately release petitioner from custody. Standard administra tive order of supervision to be in effect, that petiitioner remains a resident at his lawfully disclosed residence in Fresno, CA pending resolution of this action, is subject to normal work routine, obeys all laws and orders not inconsistent with thi s order; Order of Supervision shall not require Petitioner to travel to any DHS or ICE office or be subject to electronic monitoring. Signed by Judge Charles R. Breyer on 11/22/06. (epb, COURT STAFF) (Filed on 11/22/2006) Additional attachment(s) added on 11/22/2006 (epb, COURT STAFF).

Barragan-Campos v. Chertoff et al

Doc. 19

Case 3:06-cv-07057-CRB Case 3:06-cv-07057-CRB

Document 19 Document 18

Filed 11/22/2006 Filed 11/22/2006

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Bruce Leichty, #132876 Law Offices of Bruce Leichty 625-A Third Street Clovis, California 93612-1140 [phone] [phone] (fax) [e-mail] 1644O.B21 Attorney for Rogelio Barragan-Campos, Petitioner

6 7 8 9 10 11 12 ROGELIO BARRAGAN-CAMPOS, 13 14 15 16 17 18 19 20 21 22 23 The Emergency Motion of Petitioner Rogelio Barragan-Campos 24 having come before the Court following the filing of Petitioner's 25 Petition for Writ of Habeas Corpus or alternatively for Writ of 26 Mandamus, and the time for hearing thereon having been shortened 27 and notice of the November 21 hearing having been served on all 28
ORDER STAYING REMOVAL [etc.]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) Petitioner, ) ) v. ) ) MICHAEL CHERTOFF, IN HIS ) CAPACITY AS SECRETARY FOR ) DEPARTMENT OF HOMELAND SECURITY; ) ALBERTO GONZALES, IN HIS ) CAPACITY AS ATTORNEY GENERAL AND ) SECRETARY, DEPARTMENT OF JUSTICE; ) EDWARD FLORES, IN HIS CAPACITY ) CHIEF OF CORRECTION, ) SANTA CLARA COUNTY DEPARTMENT ) OF CORRECTIONS; DOES I THROUGH X; ) ) Respondents, ) ___________________________________) Case No. C 06-7057 CRB

ORDER STAYING REMOVAL AND DIRECTING RELEASE FROM CUSTODY OF ROGELIO BARRAGAN-CAMPOS aka RIGOBERTO TOSCANOCORTES PENDING RESOLUTION OF PETITION FOR WRIT OF HABEAS CORPUS OR OTHER RELIEF

_________________________________________________1_____________________________________________________

Dockets.Justia.com

Case 3:06-cv-07057-CRB Case 3:06-cv-07057-CRB

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Filed 11/22/2006 Filed 11/22/2006

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parties

in

interest,

Bruce

Leichty

appearing

on

behalf

of

Petitioner and Edward Olsen appearing on behalf of the federal Respondents, and for good cause appearing, IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 1. Neither Bureau of Immigration and Customs Enforcement

("ICE") of Department of Homeland Security ("DHS") or any other federal authority or agent thereof shall remove Petitioner

Rogelio Barragan-Campos, aka Rigoberto Toscano-Cortes, from the United States pending further order of this Court. 2. DHS ICE is directed to immediately release and cause its agents to release from custody Rogelio Barragan-Campos, whether held under that name or any other name including Rigoberto Toscano-Cortes ("Petitioner"), and to refrain from detaining Petitioner except if there be legal cause relating to the

commission of a crime committed on or after the date of this order, pending resolution of this action or any successor action. No condition shall attach to the release of Petitioner or to the liberty granted to him herein except such standard administrative Order of Supervision as is reasonably required to assure DHS ICE that, pending resolution of this action, Petitioner remains a resident at his lawfully-disclosed residence in Fresno,

California, subject to his normal work routine, and obeys all laws and orders not inconsistent herewith, including orders of the Executive Office for Immigration Review, if any, which Order of Supervision in this instance shall not require that Petitioner have to travel to any DHS or ICE office or facility, or be /////

_________________________________________________2_____________________________________________________ ORDER STAYING REMOVAL [etc.]

Case 3:06-cv-07057-CRB Case 3:06-cv-07057-CRB

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subjected to electronic monitoring of any type, unless authorized by this Court. Nov. 22, 2006 _____________

Date:

____________________________________ CHARLES R. BREYER UNITED STATES DISTRICT COURT JUDGE

_________________________________________________3_____________________________________________________ ORDER STAYING REMOVAL [etc.]