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RAUDA v. JENNINGS

No. 21-16062.

8 F.4th 1050 (2021)

Willian Matias RAUDA, Plaintiff-Appellant, v. David JENNINGS, in his official capacity, Field Office Director of San Francisco Field Office, U.S. Immigration and Customs Enforcement; Tae D. Johnson, Acting Director of U.S. Immigration and Customs Enforcement; Merrick B. Garland, Attorney General; Alejandro N. Mayorkas, Acting Secretary of Department of Homeland Security, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 13, 2021.

Attorney(s) appearing for the Case

Manohar Raju , Public Defender; Matt Gonzalez , Chief Attorney; Francisco Ugarte and Genna Ellis Beier , Attorneys; Public Defender's Office, San Francisco, California; Sean Lai McMahon and Jehan Laner Romero , Pangea Legal Services, San Francisco, California; for Plaintiff-Appellant.

Brian M. Boynton , Acting Assistant Attorney General; William C. Peachey , Director; Elianis Perez , Assistant Director; Mary L. Larakers , Trial Attorney; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Defendants-Appellees.

Before: Johnnie B. Rawlinson, Consuelo M. Callahan, and Lawrence VanDyke, Circuit Judges.

OPINION

Petitioner Willian Matias Rauda appeals the district court's order denying his request for a temporary restraining order to prevent the government from removing him from the United States. In the district court, Matias argued that deportation prior to a ruling on his motion to reopen would violate his due...

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