{"id":283104,"date":"2018-08-27T06:06:49","date_gmt":"2018-08-26T20:06:49","guid":{"rendered":"https:\/\/www.saipantribune.com\/?p=283104"},"modified":"2018-08-27T06:06:49","modified_gmt":"2018-08-26T20:06:49","slug":"ninth-circuit-denies-guanlaos-emergency-motion","status":"publish","type":"post","link":"https:\/\/www.saipantribune.com\/index.php\/ninth-circuit-denies-guanlaos-emergency-motion\/","title":{"rendered":"Ninth Circuit denies Guanlao\u2019s emergency motion"},"content":{"rendered":"
\"\"<\/a>
Rosemond Santos<\/figcaption><\/figure>\n

The U.S. Court of Appeals for the Ninth Circuit has denied Amalia Abo Guanlao\u2019s emergency motion to suspend a federal court order that granted U.S. Immigration and Customs officials\u2019 request to dissolve the court\u2019s previous order that stopped a judge\u2019s removal order against her. <\/p>\n

Ninth Circuit judges Barry G. Silverman and Milan D. Smith Jr. said the briefing schedule established previously remains in effect pertaining to Guanlao\u2019s appeal.<\/p>\n

The Ninth Circuit judges did not indicate the reason why they denied Guanlao\u2019s emergency motion.<\/p>\n

Guanlao, through counsel Rosemond Santos, filed the emergency motion to stay pending her appeal of the District Court\u2019s Aug. 13 order.<\/p>\n

In that Aug. 13 order, U.S. District Court for the NMI designated Judge Frances M. Tydingco-Gatewood also denied Guanlao\u2019s motion to a stay of her deportation.<\/p>\n

Guanlao is a Filipino mother of two minor U.S. citizen children who has been fighting an immigration court\u2019s order of her removal since 2013.<\/p>\n

In her ruling, Tydingco-Gatewood said that without a reason to maintain the stay originally imposed by U.S. District Court for the NMI Chief Judge Ramona V. Manglona, the ICE officials\u2019 motion to dissolve the stay is granted.<\/p>\n

The judge said Guanlao has not made any specific arguments regarding the public interest or harm to the opposing parties.<\/p>\n

According to court records, on Sept. 10, 2013, an immigration judge found that Guanlao was removable as an alien, being without a valid immigrant visa or entry document, and ordered her removed to the Philippines.<\/p>\n

Guanlao appealed the judge\u2019s decision to the Board of Appeals. She lost her case before the immigration court. <\/p>\n

In June 2016, she filed her petition in federal court for a writ of habeas corpus, seeking determination of \u201cthe legality of her continued detention and intended removal\u201d and \u201ca stay of her removal during the pendency of this case.\u201d<\/p>\n

Aside from naming then-U.S. Department of Homeland Security Secretary Jeh Johnson as respondent, Guanlao also sued several U.S. immigration officials. <\/p>\n

Guanlao alleged a violation of her due process rights because her then-counsel Alice Rae failed to inform her of the ability to file a petition for review of the final removal order to the Ninth Circuit.<\/p>\n

On June 23, 2016, Manglona entered a stay of removal \u201cwhile the court hears the petition on the merits.\u201d<\/p>\n

In December 2017, respondents moved to dismiss Guanlao\u2019s second amended petition and also requested that the court grant the respondents\u2019 motion to dismiss. <\/p>\n

Tydingco-Gatewood then dismissed Guanlao\u2019s claims with prejudice. However, she did not explicitly address the stay of removal.<\/p>\n

In light of the court\u2019s dismissal of the claims,ICE officials requested an order explicitly dissolving the stay of removal entered in 2016.<\/p>\n

Guanlao argued that she will suffer irreparable harm if a stay pending appeal is not issued because she and her entire family will need to relocate to the Philippines after spending 24 years on Saipan.<\/p>\n","protected":false},"excerpt":{"rendered":"

The U.S. Court of Appeals for the Ninth Circuit has denied Amalia Abo Guanlao\u2019s emergency…<\/p>\n","protected":false},"author":23,"featured_media":283105,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[93,6046,1925,63],"class_list":["post-283104","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-local-news","tag-district-court","tag-ice","tag-ninth-circuit","tag-philippines"],"_links":{"self":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts\/283104","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/users\/23"}],"replies":[{"embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/comments?post=283104"}],"version-history":[{"count":0,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts\/283104\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/media\/283105"}],"wp:attachment":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/media?parent=283104"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/categories?post=283104"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/tags?post=283104"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}