DE MARQUEZ et al v. U.S. DEPARTMENT OF HOMELAND SECURITY ("DHS") et al

Filing 7

ORDER THAT THE CONSOLIDATED PETITIONS ARE DISMISSED WITH PREJUDICE FOR LACK OF SUBJECT MATTER JURISDICTION 8 U.S.C. SEC. 1252(e)(2). THE TEMPORARY STAYS OF REMOVAL ARE VACATED (DOC. NOS. 5, 25, 36, 38, 41, 45, 51). THIS ORDER IS STAYED FOR FOURTEEN D AYS TO THAT PETITIONERS MAY SEEK AN EMERGENCY STAY PENDING THEIR APPEAL TO THE THIRD CIRCUIT COURT OF APPEALS. THE CLERK OF COURT SHALL MARK THESE CASES AS CLOSED FOR STATISTICAL PURPOSES.SIGNED BY HONORABLE PAUL S. DIAMOND ON 2/16/16. 2/17/16 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ROSA ELIDA CASTRO, et al.,
Petitioners,
v.

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U.S. DEPARTMENT OF HOMELAND
SECURITY, et al.,
Respondents.

Civ. No. 15-6153 (Lead Case)
and all related cases

ORDER
AND NOW, this 16th day of February, 2016, upon consideration of Petitioners’ and the
Government’s Briefs on Jurisdiction (Doc. Nos. 13, 20), Petitioners’ Reply to the Government’s
Brief (Doc. No. 31), Amici Curiae’s Brief (Doc. No. 19), the Government’s Response to Amici
Curiae’s Brief (Doc. No 35), and all other related submissions, it is hereby ORDERED as follows:
1. The consolidated Petitions are DISMISSED with prejudice for lack of subject matter
jurisdiction. 8 U.S.C. § 1252(e)(2).
2. The Temporary Stays of Removal are VACATED (Doc. Nos. 5, 25, 36, 38, 41, 45, 51).
3. This Order is STAYED for fourteen days so that Petitioners may seek an emergency stay
pending their appeal to the Third Circuit Court of Appeals.
4. The Clerk of Court shall mark these cases as closed for statistical purposes.
AND IT IS SO ORDERED.

February 16, 2016

/s/ Paul S. Diamond
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Paul S. Diamond, J.