Armandeep Kaur v. US Department of Homeland Security

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88 United States District Court 99 Central District of California 1100 1111 ARMANDEEP KAUR, Case No. 2:20-cv-03172-ODW (MRWx) 1122 Petitioner, ORDER GRANTING TEMPORARY 1133 v. EMERGENCY STAY OF REMOVAL 1144 U.S. DEPARTMENT OF HOMELAND SECURITY ET AL., 1155 Respondents.

1166 1177 1188 1199 On April 6, 2020, Armandeep Kaur (“Petitioner”), represented by counsel, filed 2200 a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (“Petition”). (Pet., 2211 ECF No. 1.) Petitioner is a citizen of India who is currently detained by United States 2222 Immigration and Customs Enforcement at the Adelanto Detention Center. (Pet. ¶ 1.)

2233 On October 28, 2019, an Asylum Officer conducted a credible fear interview of 2244 Petitioner and made a negative credible fear determination. (Pet. ¶ 2.) The Asylum 2255 Officer also found that Petitioner was barred from asylum due to the third country 2266 transit bar. (Pet. ¶ 19.) On November 14, 2019, without a review hearing, an 2277 Immigration Judge issued a Final Order in Credible Fear Review Proceedings, 2288 ordering that Petitioner be removed from the United States. (Pet. ¶ 3.) On April 1, 2020, an Immigration Judge affirmed the Asylum Officer’s determination and Petitioner now faces imminent deportation and removal to India. (Pet. ¶¶ 4, 6, Ex. F.)

3 In her Petition, Petitioner challenges the procedures and legal standards applied in her Credible Fear Review Proceeding. (See Pet.) Petitioner seeks an order to show cause directing respondents to show cause why the Petition should not be granted and why Petitioner should not be released from custody upon a reasonable bond, among other things. (See Pet. at 29–30.) Petitioner also seeks an emergency order staying all deportation and removal proceedings against her and preventing her transfer from the jurisdiction of this Court. (Pet. ¶ 7.) Petitioner alleges she faces imminent removal to India and indicates in the Proposed Order submitted with the Petition that she may be removed by Wednesday April 8, 2020. (Pet. ¶ 6; Proposed Order 2, ECF No. 1-4.)

12 This Court has jurisdiction to grant at least the emergency relief requested. See Thuraissiginam v. Dept. of Homeland Sec., 917 F.3d 1097 (9th Cir. 2019), cert. granted, 2019 WL 5281289 (U.S. Oct. 18, 2019) (No. 19-161). Respondents have not yet had an opportunity to respond to the Petition, and the Court expresses no views at this time as to the merits of Petitioner’s habeas petition or request for stay of removal.

17 However, in light of the immediacy of irreparable harm to Petitioner absent a stay pending the Court’s review of the case’s merits, the Court finds a temporary stay is warranted.

20 /// /// /// 1 For the reasons stated above, IT IS HEREBY ORDERED: 2 1. Petitioner’s request for a temporary stay of the removal proceedings and | transfer from this judicial district is GRANTED. The temporary stay will remain in effect until the Court issues a ruling on this matter.

5 2. By no later than April 20, 2020, respondents shall file a response to the || Petitioner’s request for an order staying all deportation and removal actions against || her.

9 IT IS SO ORDERED.

11 April 6, 2020 12 Y 4 4 OTIS D. WRIGHT, II Is UNITED STATES DISTRICT JUDGE