Shi'a Association of the Bay Area
Filing
7
ORDER DENYING PLAINTIFFS' EX PARTE MOTION FOR A TEMPORARY RESTRAINING ORDER; SETTING HEARING FOR ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION. 2. Signed by Judge James Ware on June 26, 2007. (jwlc1, COURT STAFF) (Filed on 6/26/2007) Modified on 6/26/2007 (cv, COURT STAFF).
<![CDATA[
Shi'a Association of the Bay Area
Doc. 7
Case 5:07-cv-03328-JW
Document 7
Filed 06/26/2007
Page 1 of 3
1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Shi'a Association of the Bay Area, et al., v. Plaintiffs, NO. C 07-03328 JW ORDER DENYING PLAINTIFFS' EX PARTE MOTION FOR A TEMPORARY RESTRAINING ORDER; SETTING HEARING FOR ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION
United States District Court
11
For the Northern District of California
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Michael Chertoff, et al., Defendants. /
This is an action for a Declaratory, Injunctive, and Mandatory Relief under the Immigration and Administrative Procedure Act. (See Docket Item No. 1.) Before the Court is Plaintiffs' Ex Parte Application for a Temporary Retraining Order and Order to Show Cause Re: Preliminary Injunction. (See Docket No. 2.) The Individual Plaintiffs contend that on July 30, 2007, they will accrue 180 days of "unlawful presence," which will bar them from adjustment of status or re-entry into the United States for a period of 3 to 10 year. (Certification by Attorney Re: Service of TRO to Defendants.) Having considered the papers submitted, the Court finds that the harm Plaintiffs allege they will suffer before a formal hearing is not irreparable. There is sufficient time for a hearing on an Order to Show Cause Re: Preliminary Injunction before Plaintiffs are at imminent risk of accruing over 180 days of "unlawful presence" in the United States. Accordingly, the Court DENIES Plaintiffs' motion for a temporary injunction.
Dockets.Justia.com
Case 5:07-cv-03328-JW
Document 7
Filed 06/26/2007
Page 2 of 3
1 2 3 4 5 6 7 8 9 10
The Court GRANTS Plaintiffs' motion for a hearing on an Order to Show Cause Re: Preliminary Injunction. Plaintiffs shall serve Defendants a copy of the Complaint, Supporting Declarations and Memorandum, and a copy of this Order by July 9, 2007. Defendants are ordered to appear on July 23, 2007 at 9 AM and to show cause, if any, why a Preliminary Injunction should not be entered retraining Defendants from accruing against the Individual Plaintiffs days of "unlawful presence" in the United States during the pendency of this action.
Dated: June 26, 2007
JAMES WARE United States District Judge
United States District Court
11
For the Northern District of California
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
Case 5:07-cv-03328-JW
Document 7
Filed 06/26/2007
Page 3 of 3
1 2 3 4 5 6 7 8 9 10
THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Jill Stanton Attorney at Law 400 Montgomery St , Suite810 San Francisco, CA 94104
Dated: June 26, 2007
Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy
United States District Court
11
For the Northern District of California
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
