Franco-Gonzales

Franco-Gonzales v. Holder

Good Law
767 F. Supp. 2d 1034·2010 WL 5874537
United States District Court, Central District of CaliforniaFebruary 1, 2011Case CV 10-02211 DMG (DTB)California11,925 words

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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.