Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Borjas-Calix v. Sessions

United States District Court, D. Arizona

April 25, 2017

Jorge Alberto Borjas-Calix, Plaintiff,
v.
Jeff B. Sessions, et al., Defendants.

          ORDER

          Douglas L. Rayes United States District Judge

         Before the Court are the First Motion for Preliminary Injunction (Doc. 8) and Motion for Leave to File Amended Complaint (Doc. 11). Oral argument was conducted on March 27, 2017 and the matter was taken under advisement. The Court now rules.

         SUMMARY

         Plaintiff Jorge Alberto Borjas-Calix is a native and citizen of Honduras who is subject to an order of removal issued by the United States Department of Homeland Security (DHS). He filed a Complaint in federal court seeking Declaratory and Injunctive Relief in accordance with Federal Rules of Civil Procedure 8(a), 57, and 65. Plaintiff was ordered released by an immigration judge (IJ) in Florence, Arizona, pursuant to controlling authority in this Circuit, but the Department of Homeland Security (DHS) appealed the IJ's decision to the Executive Office for Immigration Review (EOIR), Board of Immigration Appeals (BIA). The BIA reversed the IJ and vacated the IJ's decision granting Plaintiff's release on bond. The DHS, Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO), now seeks to re-detain Plaintiff, which Plaintiff claims will deprive him of his due process right against unlawful deprivation of liberty.

         PROCEDURAL BACKGROUND

         Plaintiff, a citizen of Honduras, first entered the United States without inspection on or about March 16, 1997. On March 20, 1997, an IJ ordered Plaintiff removed from the United States, which resulted in his deportation on March 25, 1997. Between June l6, 2008 and July 19, 2011, the ICE reinstated Plaintiff's previous order of removal twice and deported him each time.

         On or about March l, 2013, Plaintiff entered the United States without inspection near Nogales, Arizona. On March 25, 2015, he was taken into ICE custody. At that time, he indicated he had no fear of returning to Honduras.

         On March 25, 2015, ICE-ERO issued Plaintiff a Form 1-871, Notice of Intent/Decision to Reinstate Prior Order, pursuant to Section 241(a)(5) of the INA, 8 U.S.C. § 1231(a)(5), as an alien who has illegally reentered the United States after being previously removed. This Decision reinstated Plaintiff's March 25, 1997, order of removal.

         On or about April 22, 2015, Plaintiff was convicted of Illegal Entry, in violation of Title 8 U.S.C. § 1325(a)(1), and sentenced to 75 days' incarceration. On or about June 6, 2015, Plaintiff returned to ICE custody at the Florence Detention Center so he could be removed to Honduras.

         On or about July 21, 2015, an Asylum Pre-Screening Officer found Plaintiff had a reasonable fear of persecution or torture, and referred Plaintiff's case to an IJ to allow Plaintiff to apply for withholding of removal under the Act and protection under the CAT.

         On December 2, 2015, Plaintiff filed a motion with the IJ, requesting a custody redetermination hearing. The IJ denied the motion on January 12, 2016, finding that the immigration court lacked jurisdiction.

         On January 27, 2016, Plaintiff filed a motion to reconsider the IJ's decision, which was granted on January 28, 2016.

         On February 9, 2016, the IJ held a custody redetermination hearing and set a $10, 000 bond.

         On February 11, 2016, Plaintiff posted bond for his release from ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.