Franco-Gonzales
Franco-Gonzales v. Holder
Opinion
Opinion
Gee, J.
AMENDED ORDER RE PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION
This matter is before the Court on the Motion for a Preliminary Injunction filed by Plaintiffs Aleksandr Petrovich Khukhryanskiy and Ever Francisco Martinez-Rivas (“Plaintiffs”). The Court conducted a hearing on December 8, 2010 (the “December 8 Hearing”). Having duly considered the parties’ respective positions, as presented in their briefs and at oral argument, the Court now renders is decision. For the reasons set forth below, Plaintiffs’ Motion is GRANTED in part.
I.
PROCEDURAL BACKGROUND
On March 26, 2010, Petitioner Jose Antonio Franco-Gonzales (“Franco”) filed a Petition for Writ of Habeas Corpus (the “Petition”) in this Court alleging various violations of the Immigration and Nationality Act (“INA”), the Due Process Clause of the 5th Amendment to the U.S. Constitution, and Section 504 of the Rehabilitation Act. On March 31, 2010, Respondents released Franco from custody on his own recognizance, under conditions of supervision pursuant to section 236 of the INA, 8 U.S.C. § 1226 .
On August 2, 2010, Franco attempted to file a first amended class action complaint (the “Amended Complaint”), which sought to…