JOSE EMMANUEL REGALADO REGALADO, Applicant v. THE MINISTER OF, 2012 FC 509

Date: 20120502 Docket: IMM-4068-12 Citation: 2012 FC 509 [UNREVISED ENGLISH CERTIFIED TRANSLATION] Ottawa, Ontario, May 2, 2012 PRESENT: The Honourable Mr. Justice Shore BETWEEN: JOSE EMMANUEL REGALADO REGALADO, Applicant and THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Respondent REASONS FOR ORDER AND ORDER [ 1 ] The applicant failed to appear for removal. [ 2 ] His failure to appear is sufficient in itself to dismiss this motion for a stay. [ 3 ] The Court is using its discretion to refuse to hear this motion for a stay.

The applicant has had several opportunities to assert his rights. [ 4 ] Therefore, the applicant does not have clean hands. This Court does not exercise equitable jurisdiction toward the applicant and, thus, his motion for a stay of removal is dismissed ( Mohar v Canada (Minister of Citizenship and Immigration) , 2005 FC 952 ). ORDER THE COURT ORDERS that the application for a stay of the removal order against the applicant be dismissed.

"Michel M.J. Shore" Judge Certified true translation Catherine Jones, Translator FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-4068-12 STYLE OF CAUSE: JOSE EMMANUEL REGALADO REGALADO v THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS MOTION IN WRITING CONSIDERED AT OTTAWA, ONTARIO PURSUANT TO RULE 369 REASONS FOR ORDER AND ORDER: MR. JUSTICE SHORE DATED: May 2, 2012 WRITTEN REPRESENTATIONS BY : Lucrece M. Joseph FOR THE APPLICANT Suzanne Trudel FOR THE RESPONDENT SOLICITORS OF RECORD :

Lucrece M. Joseph, Counsel Montréal, Quebec FOR THE APPLICANT Myles J. Kirvan Deputy Attorney General of Canada Montréal, Quebec FOR THE RESPONDENT