MAMIGONIAN v. BIGGS, 2:13-cv-980 WBS DAD. (2013)
Court: District Court, E.D. California
Number: infdco20130523969
Visitors: 11
Filed: May 22, 2013
Latest Update: May 22, 2013
Summary: JOINT STIPULATION AND [PROPOSED] ORDER RE: MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION WILLIAM B. SHUBB, District Judge. On May 17, 2013, Petitioner Silva Mamigonian filed a Motion for a Temporary Restraining Order and a Motion for a Preliminary Injunction seeking to stay her removal order and seeking an order that she not be taken into custody by Immigration and Customs Enforcement. A hearing on the motions is currently scheduled for June 5, 2013 at 2 p.m. Mamigo
Summary: JOINT STIPULATION AND [PROPOSED] ORDER RE: MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION WILLIAM B. SHUBB, District Judge. On May 17, 2013, Petitioner Silva Mamigonian filed a Motion for a Temporary Restraining Order and a Motion for a Preliminary Injunction seeking to stay her removal order and seeking an order that she not be taken into custody by Immigration and Customs Enforcement. A hearing on the motions is currently scheduled for June 5, 2013 at 2 p.m. Mamigon..
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JOINT STIPULATION AND [PROPOSED] ORDER RE: MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION
WILLIAM B. SHUBB, District Judge.
On May 17, 2013, Petitioner Silva Mamigonian filed a Motion for a Temporary Restraining Order and a Motion for a Preliminary Injunction seeking to stay her removal order and seeking an order that she not be taken into custody by Immigration and Customs Enforcement. A hearing on the motions is currently scheduled for June 5, 2013 at 2 p.m. Mamigonian is currently under a final order of removal, and is on an Order of Supervision which includes ankle bracelet monitoring. There is no judicial or other stay of removal in place; however, in a published decision, the Ninth Circuit suggested that Mamigonian not be removed while she seeks review of a decision by United States Citizenship and Immigration Services in this Court. Mamigonian v. Biggs, 710 F.3d 936 (9th Cir. 2013). Accordingly, the parties now stipulate to the following:
(1) Immigration and Customs Enforcement agrees not to remove Petitioner Mamigonian during the pendency of this lawsuit.
(2) Immigration and Customs Enforcement will modify the terms of Mamigonian's Order of Supervision such that she is no longer required to participate in the ankle bracelet program.
(3) Petitioner Mamigonian agrees to vacate the hearing on the Motions for Temporary Restraining Order and Preliminary Injunction.
(4) If at anytime during this lawsuit the government believes Mamigonian to be in violation of the terms of the new Order of Supervision or wishes to modify the terms of the Order of Supervision, the parties will immediately advise the Court and set the matter for a status conference.
ORDER
IT IS SO ORDERED.
Source: Leagle
