Free Motion to Stay - District Court of California - California

Case 3:08-cv-03741-MHP

Document 2

Filed 08/04/2008

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Stephen Shaiken, Esq. Bar No. 90915 LAW OFFICES OF STEPHEN SHAIKEN 170 Columbus Avenue, Suite 100 San Francisco, CA 94133-5102 Telephone: (415) 248-1012 Fax: (415) 248-0019 Attorney for Petitioner Victor Saravia

5 6 7 8 9 Victor Saravia, 10 11 12 13 14 Respondents 15 16 17 18 TO THE ABOVE ENTITLED COURT AND TO RESPONDENTS: PLEASE TAKE NOTICE that petitioner, Victor Saravia, by and through his counsel, Stephen Petitioner, vs. Nancy Alcantar, Field Office Director, United States Immigration and Customs Services (USICE), Julie L. Myers, Assistant Secretary and Michael Chertoff, Secretary, Department of Homeland Security UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO ) ) ) ) ) ) ) ) ) ) ) ) ) District Ct. No.: Agency No.: A17 266 808 EMERGENCY MOTION TO STAY DEPORTATION [WRIT OF HABEAS CORPUS] [28 U.S.C. §2241]

19 shaiken, hereby moves this court for an order staying his deportation. Petitioner is currently in the custody 20 of the U.S. Immigration and Customs Enforcement and is subject to a final order of deportation which 21 the USICE intends to execute immediately. 22 This motion is supported by the verified petition for writ of habeas corpus filed simultaneously

23 with this motion. In view of the imminence of deportation, there is insufficient time to repeat the 24 arguments raised therein but those arguments support the request for a stay of deportation. 25 It is requested that the Court stay removal or in the alternative, issue a temporary stay until the

26 parties can argue on the merits of a further stay. 27 28 1

Case 3:08-cv-03741-MHP

Document 2

Filed 08/04/2008

Page 2 of 2

1 Dated: August 4, 2008 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Stephen Shaiken, Esq. By: Respectfully submitted, THE LAW OFFICES OF STEPHEN SHAIKEN s/shaiken