Pierre Osama Zarif Hanna v. Ernesto Santacruz Jr. et al.

Summary

The United States District Court for the Central District of California denied Pierre Osama Zarif Hanna’s ex parte application for a temporary restraining order seeking to prevent his removal from the United States and relocation outside California. The court held that 8 U.S.C. § 1252(g) barred judicial review of the requested challenge to execution of a removal order. Alternatively, the court concluded that Hanna failed to show a likelihood of success on his Zadvydas-based detention claim because his detention had lasted only 26 days and he had not shown that removal was not reasonably foreseeable.

Holdings

1. Section 1252(g) bars the district court from reviewing Hanna's request to restrain the government from executing a removal order.
2. Hanna did not establish a likelihood of success on his Zadvydas claim because his detention had lasted only twenty-six days, was within the presumptively reasonable six-month period, and he did not show that removal was not reasonably foreseeable.
3. The TRO must be denied because Hanna failed to show a likelihood of success on the merits, the threshold and most important Winter factor.

Questions Presented

1. Whether 8 U.S.C. § 1252(g) deprived the district court of jurisdiction over Hanna's request to enjoin execution of a removal order.
2. Whether Hanna established a likelihood of success on his claim that his immigration detention violated Zadvydas v. Davis and therefore satisfied the first Winter factor for a temporary restraining order.

Disposition

denied