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M.S.P.C. v. U.S. CUSTOMS AND BORDER PROTECTION

No. CIV 14-769 JCH/CG.

60 F.Supp.3d 1156 (2014)

M.S.P.C., Petitioner, v. U.S. CUSTOMS AND BORDER PROTECTION; U.S. Department of Homeland Security; Jeh Johnson, Secretary of DHS; Eric H. Holder, Jr., Attorney General of the United States; R. Gil Kerlikowske, Commissioner of CBP; Thomas S. Winkowski, Principal Deputy Assistant Secretary, Immigration and Customs Enforcement; Leon Rodriguez, Director of U.S. Citizenship and Immigration Services; Hector Mancha, El Paso Director of Field Operations, CBP; Martin E. Zelenka, ICE Officer-in-Charge, Artesia; and Adrian P. Macias, El Paso Field Office Director, ICE, Respondents.

United States District Court, D. New Mexico.

Filed October 16, 2014.

Attorney(s) appearing for the Case

Alexandra Freedman Smith , ACLU, Albuquerque, NM, Andre Segura , Judy Rabinovitz , Lee Gelernt , Lindsay Nash , American Civil Liberties Union Foundation, New York, NY, Katherine Desormeau , Cecillia D. Wang , Jennifer Chang Newell , Stephen Kang , American Civil Liberties Union Foundation, Immigrants' Rights Project, San Francisco, CA, for Petitioner.

Gisela A. Westwater , Sarah L. Vuong , Kirsten Daeubler, U.S. DOJ Washington, DC, Roberto D. Ortega , U.S. Attorney's Office, Albuquerque, NM, for Respondents.

MEMORANDUM OPINION AND ORDER

This matter comes before the Court on Petitioner M.S.P.C.'s Emergency Motion for Stay of Removal (ECF No. 2). The Court held a telephonic hearing on the motion on September 4, 2014, and ordered supplemental briefing. The Court, having considered the motion, briefs,...

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