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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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 Ronald Gomez, Case No. 2:17-cv-166-APG-NJK 5 Plaintiff, 6 v. 7 United States of America, et al., 8 ORDER DENYING MOTION FOR STAY OF DEPORTATION (ECF No. 2) Defendants. 9 10 11 On January 19, 2017, plaintiff Ronald Gomez filed his Emergency Motion for Stay of 12 Deportation Pending Disposition of Writ of Habeas Corpus. ECF No. 2. The arguments Mr. 13 Gomez presents in his motion were presented to the Ninth Circuit in his Second Petition for Panel 14 Rehearing in February 2016. The Ninth Circuit rejected that Petition. In essence, Mr. Gomez’s 15 motion asks me to disagree with the Ninth Circuit and grant relief that the Ninth Circuit was 16 unwilling to grant. Because the Ninth Circuit declined to grant the relief, the present motion for 17 stay fails to demonstrate a likelihood of success on the merits and must be denied. Nken v. Holder, 18 556 U.S. 418, 434-435 (2009) (discussing standard for issuance of a stay). 19 20 21 IT IS HEREBY ORDERED that plaintiff Ronald Gomez’s Emergency Motion for Stay (ECF No. 2) is DENIED. Dated: January 20, 2017. 22 23 24 25 26 27 28 ANDREW P. GORDON UNITED STATES DISTRICT JUDGE

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