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Shi'a Association of the Bay Area Doc.

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Case 5:07-cv-03328-JW Document 7 Filed 06/26/2007 Page 1 of 3

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9 IN THE UNITED STATES DISTRICT COURT
10 FOR THE NORTHERN DISTRICT OF CALIFORNIA
11 SAN JOSE DIVISION
United States District Court
For the Northern District of California

12 Shi’a Association of the Bay Area, et al., NO. C 07-03328 JW


13 Plaintiffs, ORDER DENYING PLAINTIFFS’ EX
v. PARTE MOTION FOR A TEMPORARY
14 RESTRAINING ORDER; SETTING
Michael Chertoff, et al., HEARING FOR ORDER TO SHOW
15 CAUSE RE: PRELIMINARY
Defendants. INJUNCTION
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17 This is an action for a Declaratory, Injunctive, and Mandatory Relief under the Immigration
18 and Administrative Procedure Act. (See Docket Item No. 1.) Before the Court is Plaintiffs’ Ex
19 Parte Application for a Temporary Retraining Order and Order to Show Cause Re: Preliminary
20 Injunction. (See Docket No. 2.) The Individual Plaintiffs contend that on July 30, 2007, they will
21 accrue 180 days of “unlawful presence,” which will bar them from adjustment of status or re-entry
22 into the United States for a period of 3 to 10 year. (Certification by Attorney Re: Service of TRO to
23 Defendants.)
24 Having considered the papers submitted, the Court finds that the harm Plaintiffs allege they
25 will suffer before a formal hearing is not irreparable. There is sufficient time for a hearing on an
26 Order to Show Cause Re: Preliminary Injunction before Plaintiffs are at imminent risk of accruing
27 over 180 days of “unlawful presence” in the United States. Accordingly, the Court DENIES
28 Plaintiffs’ motion for a temporary injunction.

Dockets.Justia.com
Case 5:07-cv-03328-JW Document 7 Filed 06/26/2007 Page 2 of 3

1 The Court GRANTS Plaintiffs’ motion for a hearing on an Order to Show Cause Re:
2 Preliminary Injunction. Plaintiffs shall serve Defendants a copy of the Complaint, Supporting
3 Declarations and Memorandum, and a copy of this Order by July 9, 2007. Defendants are ordered
4 to appear on July 23, 2007 at 9 AM and to show cause, if any, why a Preliminary Injunction should
5 not be entered retraining Defendants from accruing against the Individual Plaintiffs days of
6 “unlawful presence” in the United States during the pendency of this action.
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8 Dated: June 26, 2007
JAMES WARE
9 United States District Judge
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United States District Court
For the Northern District of California

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Case 5:07-cv-03328-JW Document 7 Filed 06/26/2007 Page 3 of 3

1 THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:
2 Jill Stanton
Attorney at Law
3 400 Montgomery St , Suite810
San Francisco, CA 94104
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6 Dated: June 26, 2007 Richard W. Wieking, Clerk
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By: /s/ JW Chambers
8 Elizabeth Garcia
Courtroom Deputy
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United States District Court
For the Northern District of California

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