Date: 20111216 Docket: IMM-2128-11 Citation: 2011 FC 1492 Ottawa, Ontario, December 16, 2011 PRESENT: The Honourable Mr. Justice Rennie BETWEEN: NOLY DELA ROSA MERCADO CRISTINA TOLENTINO MERCADONORMAN CHRISTOPHER TOLENTINOMERCADONATHANIEL TOLENTINO MERCADO Applicants and MINISTER OF PUBLIC SAFETY ANDEMERGENCY PREPAREDNESS Respondent REASONS FOR JUDGMENT AND JUDGMENT [1] The applicants seek judicial review in respect of an April 1, 2011 decision by an enforcement officer of the Canada BoarderServices Agency (CBSA), refusing to defer removal of the applicants, then scheduled for April 7, 2011.

The removal order wassubsequently stayed by a judge of this Court. [2] The removal order is spent and there is no other order extant. There are no factors which warrant the exercise of discretionin favour of hearing this application: Borowski v Canada (Attorney General), (SCC), [1989] 1 SCR 342. [3] The application for judicial review is dismissed. [4] There is no question for certification. JUDGMENT THIS COURT’S JUDGMENT is that the application for judicial review be and is hereby dismissed. No question for certification hasbeen proposed and none arises.

"Donald J. Rennie" Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-2128-11 STYLE OF CAUSE: NOLY DELA ROSA MERCADO, CRISTINA TOLENTINO MERCADO, NORMAN CHRISTOPHER TOLENTINO MERCADO, NATHANIEL TOLENTINO MERCADO v. MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS PLACE OF HEARING: Toronto DATE OF HEARING: December 8, 2011 REASONS FOR JUDGMENT AND JUDGMENT: RENNIE J. DATED: December 16, 2011 APPEARANCES : Mr. Dov Maierovitz FOR THE APPLICANTS Ms. Margherita Braccio FOR THE RESPONDENT SOLICITORS OF RECORD : Gertler, Etienne LLP Toronto , Ontario FOR THE APPLICANTS

Myles J. Kirvan, Deputy Attorney General of Canada Toronto , Ontario FOR THE RESPONDENT