The U.S. Court of Appeals for the Ninth Circuit has denied Amalia Abo Guanlao\u2019s motion to reconsider its denial last Aug. 23 of her emergency request to suspend a federal court\u2019s order against her.<\/p>\n
The District Court\u2019s recent order granted U.S. Immigration and Customs officials\u2019 request to dissolve the court\u2019s previous order that stayed a removal order against Guanlao.<\/p>\n
Ninth Circuit judges Barry G. Silverman and Milan D. Smith Jr. did not explain their decision to deny Guanlao\u2019s motion for reconsideration.<\/p>\n
Silverman and Smith, however, said the briefing schedule established previously remains in effect pertaining to Guanlao\u2019s appeal.<\/p>\n
In their Aug. 23 order, Ninth Circuit judges also did not indicate the reason as to 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 denied Guanlao\u2019s motion to a stay pending appeal of the proceedings in federal court pending her appeal to the Ninth Circuit.<\/p>\n
Guanlao is a Filipino mother of two minor U.S. children who has been fighting a 2013 immigration court\u2019s order to have her removed from the U.S.<\/p>\n
Tydingco-Gatewood said that without a reason to maintain the stay that was originally imposed by U.S. District Court for the NMI Chief Judge Ramona V. Manglona, ICE officials\u2019 motion to dissolve the stay is granted.<\/p>\n
The judge said Guanlao has not made any specific arguments about 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 deportable and ordered her deported 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 a 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 on her removal \u201cwhile the court hears the petition on the merits.\u201d<\/p>\n
Tydingco-Gatewood, who later presided over the case, 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","protected":false},"excerpt":{"rendered":"
The U.S. Court of Appeals for the Ninth Circuit has denied Amalia Abo Guanlao\u2019s motion…<\/p>\n","protected":false},"author":23,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[93,6046,1925,22534],"class_list":["post-283600","post","type-post","status-publish","format-standard","hentry","category-local-news","tag-district-court","tag-ice","tag-ninth-circuit","tag-smith-jr"],"_links":{"self":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts\/283600","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=283600"}],"version-history":[{"count":0,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts\/283600\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/media?parent=283600"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/categories?post=283600"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/tags?post=283600"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}