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- ilnd;;1:16-cv-11220_de29 RegisterActionDate "2017-02-27" @default.
- ilnd;;1:16-cv-11220_de29 RegisterActionDescriptionText "MINUTE entry before the Honorable Jorge L. Alonso: Status hearing held and continued to 3/14/17 at 9:30 a.m. Motion hearing held. Plaintiff's motion for a temporary restraining order and preliminary injunction 8 is granted in part. As stated on the record, this Court finds that it has jurisdiction of this case under 28 U.S.C. § 1331, and the jurisdictional bar of 8 U.S.C. § 1252(g) does not apply because it does not appear that this case directly "aris[es] from the decision or action... to commence proceedings, adjudicate cases, or execute removal orders against" plaintiff; plaintiff's claims arise from alleged mistreatment while in detention, rising to the level of a violation of constitutional rights, that was incidental and inessential to the "decision or action... to execute removal orders," and that bears no more than a remote relationship to it. Also as stated on the record, the equities weigh in favor of plaintiff, who, if removed, may not be able to return to the United States for trial or give testimony usable at trial. His interest in having a fair opportunity to litigate this case outweighs the government's interest in removing him immediately because the government has already held him in detention for a long period of time and has not demonstrated why it cannot hold him for a short while longer. Pursuant to this Court's inherent powers under Article III and the All Writs Act, 28 U.S.C. § 1651(a), this Court restrains and enjoins plaintiff's removal only until such time as plaintiff is able to give a deposition for which all parties will be adequately prepared and in which all parties will have a full and fair opportunity to participate. Plaintiff's motion for expedited discovery 15 is entered and continued to 3/14/17 at 9:30 a.m. Notice mailed by judge's staff (ntf, ) (Entered: 02/27/2017)" @default.
- ilnd;;1:16-cv-11220_de29 AdministrativeID "29" @default.
- ilnd;;1:16-cv-11220_de29 hasReferenceToOtherEntry ilnd;;1:16-cv-11220_de15 @default.
- ilnd;;1:16-cv-11220_de29 hasReferenceToOtherEntry ilnd;;1:16-cv-11220_de8 @default.