Gahano v. Renaud

Opinion

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5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 DENGE LEMO GAHANO, 9 Petitioner, Case No. C20-1094-MJP-MLP 10 v. ORDER DENYING SECOND MOTION FOR STAY OF REMOVAL 11 DANIEL M. RENAUD, et al., 12 Respondents. 13

14 Petitioner is proceeding pro se in this 28 U.S.C. § 2241 immigration habeas action. On 15 July 15, 2020, Petitioner filed an emergency motion seeking a stay of removal. (Dkt. # 2.) The 16 Court denied the motion the following day, explaining that Petitioner had not demonstrated he 17 satisfied any of the factors required to obtain a stay. (Dkt. # 5.) Currently before the Court is 18 Petitioner’s “Replacement Emergency Motion for Temporary Restraining Order For A Stay of 19 Deportation,” which he filed on August 6, 2020. (Dkt. # 7.) The Government has not had an 20 opportunity to respond. 21 In evaluating whether to issue a stay, the Court considers four factors: “(1) whether the 22 stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether 23 the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will 1 substantially injure the other parties interested in the proceeding; and (4) where the public 2 interest lies.” Leiva-Perez v. Holder, 640 F.3d 962, 964 (9th Cir. 2011) (per curiam) (quoting 3 Nken v. Holder, 556 U.S. 418, 434 (2009)). This test is also satisfied where a petitioner shows 4 “that irreparable harm is probable and either: (a) a strong likelihood of success on the merits and

5 that the public interest does not weigh heavily against a stay; or (b) a substantial case on the 6 merits and that the balance of hardships tips sharply in the petitioner’s favor.” Id. at 970. 7 Petitioner’s motion does not address any of the Leiva-Perez factors and simply asks for a 8 stay of removal without any analysis. Because Petitioner fails to establish he satisfies all of the 9 Leiva-Perez factors, the Court DENIES his second motion for a stay of removal (Dkt. # 7). 10 11 The Clerk is directed to send a copy of this Order to the parties and the Honorable 12 Michelle L. Peterson. 13 DATED this __7th____ day of __August__, 2020. 14

A 15 16 Marsha J. Pechman 17 United States Senior District Judge

Recommended for Entry 20 this 7th of August, 2020.

/s/ Michelle L. Peterson 22 MICHELLE L. PETERSON United States Magistrate Judge 23