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88 United States District Court 99 Central District of California

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1111 ABESHEK ABESHEK, Case No. 2:20-cv-00185-ODW (JDEx)

1122 Petitioner, ORDER GRANTING MOTION FOR

1133 v. EMERGENCY STAY OF REMOVAL [1] 1144 U.S. DEPARTMENT OF HOMELAND SECURITY ET AL., 1155 Respondents1. 1166 1177 I. INTRODUCTION 1188 On January 7, 2020, Abeshek Abeshek (“Petitioner”), represented by counsel, 1199 filed a Petition for Writ of Habeas Corpus pursuant to

. (Pet., ECF 2200 No. 1.) Petitioner, a citizen of India who is currently detained by U.S. Immigration 2211

2222 1 Petitioner names the following as “Respondents”: U.S. DEPARTMENT OF HOMELAND SECURITY; CUSTOMS AND BORDER PROTECTION; CITIZENSHIP AND IMMIGRATION 2233 SERVICES; IMMIGRATION AND CUSTOMS ENFORCEMENT; DEPARTMENT OF JUSTICE; WILLIAM P. BARR, Attorney General of the United States; CHAD F. WOLF, Acting Secretary of 2244 U.S. DHS, and Commissioner of U.S. CBP; KENNETH T. CUCCINELLI, Director of U.S. CIS 2255 (still listed on U.S. CIS website as Director); CARLA L. PROVOST, Chief, U.S. CBP; DAVID M. RADEL, Director, Los Angeles Asylum Office, U.S. CIS; DONNA P. CAMPAGNOLO, District 2266 Director, Los Angeles District Office, U.S. CIS; LORY C. TORRES, Field Office Director, Los Angeles Field Office, U.S. CIS; IRENE MARTIN, Field Office Director, San Bernardino Field 2277 Office, U.S. CIS; TIMOTHY S. ROBBINS, Field Office Director, Los Angeles Field Office, U.S. 2288 ICE; TERRY NELSON, Assistant Field Office Director (Detention), Los Angles Field Office, US ICE; JAMES JANECKA, Warden, Adelanto Detention Center, GEO Group. 1 | and Customs Enforcement (“ICE”) at the Adelanto Detention Center, challenges the 2 || procedures that led to the issuance of an expedited removal order against him and his 3 || continued detention. (Pet. 2.) Petitioner alleges that the Asylum Officer’s interview 4] with Petitioner was “befuddled and confusing, and lacking all detail,” such that it 5 || “defeated the intended purpose of the interview, which is to ‘elicit all relevant and 6 || useful information bearing on whether the applicant has a credible fear of persecution 7 || or torture,’ in violation of

(d).” (Pet. 13.) Petitioner alleges he was 8 || denied the right to present other evidence as well, in violation of

(d)(4). (Pet. 13.) 10 Through his petition, Petitioner moves for an emergency order staying all 11 || deportation and removal actions against him and preventing his transfer from the 12 || jurisdiction of this court. (Pet. 5.) 13 Petitioner’s Motion for Emergency Stay is GRANTED. See Thuraissiginam v. 14 || Dept. of Homeland Sec.,

(9th Cir. 2019). In light of the immediacy of 15 || irreparable harm to Petitioner pending the Court’s review of the case’s merits, 16 || Petitioner’s removal or transfer from this judicial district is temporarily STAYED. 17 | The Court expresses no views at this time as to the merits of Petitioner’s habeas 18 || petition or request for stay. 19 By no later than January 17, 2020, Respondents are ORDERED to file a 20 || Response to Petitioner’s motion for an emergency stay. The Emergency Stay will 21 || remain in effect until the Court issues a ruling on the matter. 22 23 IT ISSO ORDERED. 24 January 9, 2020 25 ie oa 26 Geddiod OTIS D. WRIGHT, II 98 UNITED STATES DISTRICT JUDGE