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Aguilar-Bamaca v. Immigration and Customs Enforcement, 2:18-cv-01486-JAD-NJK. (2018)

Court: District Court, D. Nevada Number: infdco20180817f95 Visitors: 10
Filed: Aug. 16, 2018
Latest Update: Aug. 16, 2018
Summary: Order Granting Temporary Stay [ECF No. 5] JENNIFER A. DORSEY , District Judge . Petitioner Olivia Aguilar-Bamaca is a citizen of Guatemala who, along with her 5-year-old daughter, entered the United States illegally to seek asylum. Aguilar-Bamaca and her daughter were soon separated: the daughter was presumably released to Aguilar-Bamaca's brother in Florida while Aguilar-Bamaca went through Credible Fear Interviews to determine whether she is eligible for asylum. An asylum officer and an
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Order Granting Temporary Stay

[ECF No. 5]

Petitioner Olivia Aguilar-Bamaca is a citizen of Guatemala who, along with her 5-year-old daughter, entered the United States illegally to seek asylum. Aguilar-Bamaca and her daughter were soon separated: the daughter was presumably released to Aguilar-Bamaca's brother in Florida while Aguilar-Bamaca went through Credible Fear Interviews to determine whether she is eligible for asylum. An asylum officer and an immigration judge both found Aguilar-Bamaca ineligible.

Aguilar-Bamaca has since been transferred to a detention center in Arizona to be deported today. She has filed an emergency motion for a stay of her removal while her petition for a writ of habeas corpus is pending.1 Because time is of the essence, and because I have already directed the respondents to respond to her original emergency motion by August 22, 2018, but petitioner's most recent filing shows that her deportation is imminent, and, absent a stay, she will be deported before I receive the government's response, I grant a temporary stay of her deportation and set this matter for an emergency hearing.

Accordingly, IT IS HEREBY ORDERED that this emergency motion [ECF No. 5] is GRANTED in part. Aguilar-Bamaca's deportation is temporarily STAYED until 5:00 p.m. PST on August 24, 2018, or further order of this court. IT IS FURTHER ORDERED that Aguilar-Bamaca's original emergency request [ECF No. 1] will be heard at 9:00 a.m. PST on August 24, 2018, in courtroom 6D of the Lloyd D. George Courthouse at 333 S. Las Vegas Blvd., Las Vegas, NV 89101. IT IS FURTHER ORDERED that Aguilar-Bamaca must IMMEDIATELY SERVE a copy of this order on all respondents.

FootNotes


1. ECF No. 5.
Source:  Leagle

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