Mexican national in ICE custody challenges removal order citing pending immigration petitions
Jamie Rene Martinez Silva is a noncitizen and Mexican national currently held in ICE custody at Diamondback Correctional Facility in Oklahoma. He has a final order of removal and is seeking to prevent his removal to Mexico or a third country. Martinez Silva claims membership in the Immigration Center for Women and Children (ICWC) class of ICE detainees with pending immigration benefit applications, including U Visa petitions, and states he has a pending Violence Against Women Act (VAWA)-based petition that bears on his removability and eligibility for relief. He filed a habeas corpus petition under 28 U.S.C. § 2241 and moved for a stay of removal pending resolution of his petition, or alternatively, for a temporary restraining order (TRO). The Magistrate Judge recommended denying his motion for stay/TRO, finding the Western District of Oklahoma lacks jurisdiction to enjoin removal proceedings under 8 U.S.C. § 1252(g), which bars district courts from hearing claims arising from DHS decisions to execute removal orders.























