Gomez v. USA et al

Filing 4

ORDER. IT IS HEREBY ORDERED that 2 plaintiff Ronald Gomez's Emergency Motion for Stay is DENIED. Signed by Judge Andrew P. Gordon on 1/20/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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Ronald Gomez,

Case No. 2:17-cv-166-APG-NJK

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Plaintiff,

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v.

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United States of America, et al.,

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ORDER DENYING MOTION FOR STAY
OF DEPORTATION
(ECF No. 2)

Defendants.

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On January 19, 2017, plaintiff Ronald Gomez filed his Emergency Motion for Stay of

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Deportation Pending Disposition of Writ of Habeas Corpus. ECF No. 2. The arguments Mr.

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Gomez presents in his motion were presented to the Ninth Circuit in his Second Petition for Panel

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Rehearing in February 2016. The Ninth Circuit rejected that Petition. In essence, Mr. Gomez’s

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motion asks me to disagree with the Ninth Circuit and grant relief that the Ninth Circuit was

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unwilling to grant. Because the Ninth Circuit declined to grant the relief, the present motion for

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stay fails to demonstrate a likelihood of success on the merits and must be denied. Nken v. Holder,

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556 U.S. 418, 434-435 (2009) (discussing standard for issuance of a stay).

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IT IS HEREBY ORDERED that plaintiff Ronald Gomez’s Emergency Motion for Stay
(ECF No. 2) is DENIED.
Dated: January 20, 2017.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE