Simpson v. Barr et al
| Ryan Alexander Simpson |
| Kristjen M. Nielsen, Lee Francis Cissna, Christopher A. Wray and William Barr |
| 2:2019cv00525 |
| March 28, 2019 |
| US District Court for the District of Nevada |
| Jennifer A Dorsey |
| Carl W Hoffman |
| Other Immigration Actions |
| 28 U.S.C. ยง 2201 |
| None |
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| Filing 6 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 3/28/2019. Re 3 #4 #5 Ex Parte Application for Temporary Restraining Order and Emergency Petition for Stay of Stipulated Removal Order. Plaintiff Ryan Alexander Simpson, a citizen of the United Kingdom who is residing in this country, filed this application at approximately 3:30 p.m. today, stating that he has been told that by U.S. Immigration and Customs Enforcement (ICE) that he will be removed from the United States to the United Kingdom tomorrow at noon based on a stipulated administrative removal order. He offers no details about this stipulation, and he claims without citation to authority that his removal would be unlawful. He asks on an emergency and ex parte basis for an order to staying his administrative removal order 3 . The rules of this court largely prohibit ex parte filings. See LR IA 7-2. Although FRCP 65(b)(1) allows the court to issue a TRO without notice, the rule requires an attorney's written certification of "any efforts made to give notice and the reasons why it should not be required." Plaintiff's counsel's certification 3 does not provide good cause for an ex parte TRO; indeed, it suggests that this removal is the last step in a years-long process in which plaintiff has been assisted by counsel. Even if I were to conclude that ex parte, emergency treatment is warranted here, plaintiff has not demonstrated that this court has the jurisdiction or legal authority to issue the relief he wants. He offers only a vague description of the obviously extensive administrative process that has led him to this point, and critically, he doesn't even provide the order he wants this court to restrain. The only immigration-related case he cites is United States v. Ramos, 623 F.3d 672 (9th Cir. 2010). Ramos is inapposite because it deals with a federal prosecution for illegal reentry, which allows a criminal defendant to collaterally attack the underlying removal order; plaintiff offers no explanation why Ramos has any application to his administrative removal proceeding. See, e.g., United States v. Raya-Vaca, 771 F.3d 1195, 1201 (9th Cir. 2014) ("A defendant charged [with illegal reentry] has a due process right 'to collaterally attack his removal order because the removal order serves as a predicate element of his conviction.'" (quoting United States v. Ubaldo-Figueroa, 364 F.3d 1042, 1047 (9th Cir. 2004))). In sum, plaintiff has failed to demonstrate that he is entitled to the extraordinary relief he is seeking, so IT IS HEREBY ORDERED that his Ex Parte Application for Temporary Restraining Order, Motion for Preliminary Injunction, and Emergency Petition for Stay of Stipulated Removal 3 #4 #5 is DENIED without prejudice to his ability to file a new motion on a non-ex parte basis, curing the fatal deficiencies outlined in this order. (no image attached) (Copies have been distributed pursuant to the NEF - DC) |
| Filing 5 Emergency MOTION Emergency Petition for Stay of Stipulated Removal Order by Plaintiff Ryan Alexander Simpson. Responses due by 4/11/2019. (Attachments: #1 Declaration Hardeep Sull, Esq.) (Sull, Hardeep) |
| Filing 4 MOTION for Preliminary Injunction by Plaintiff Ryan Alexander Simpson. Responses due by 4/11/2019. (Attachments: #1 Declaration Hardeep Sull, Esq.) (Sull, Hardeep) |
| Filing 2 CIVIL COVER SHEET to #1 Complaint, by Plaintiff Ryan Alexander Simpson. (Sull, Hardeep) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $400 receipt number 0978-5484777) by Ryan Alexander Simpson. Proof of service due by 6/26/2019.(Sull, Hardeep) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Carl W. Hoffman. (MR) |
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