Joao Alexandre Dos Reis Franco v. Craig Meyer, et al.

Summary

The United States District Court for the Eastern District of California partially granted petitioner Joao Alexandre Dos Reis Franco’s ex parte motion for a temporary restraining order challenging his detention by ICE after his arrest at an adjustment-of-status interview. The court ordered his immediate release and prohibited respondents from using the adjustment-of-status process to re-detain him, while denying requests concerning his removal or interference with adjudication of his Form I-485 application.

Holdings

1. For purposes of temporary injunctive relief, petitioner demonstrated a likelihood of success on his claim that arresting and detaining him at his adjustment-of-status interview violated the INA.
2. Petitioner satisfied the requirements for temporary injunctive relief by showing likely success on the merits, likely irreparable harm, and that the balance of equities and public interest favored relief.
3. The court could order petitioner's immediate release and enjoin respondents from using the adjustment-of-status process to re-detain him, but the requested injunction against transfer or removal was moot and the requested injunction concerning adjudication of the Form I-485 was denied.
4. Petitioner was not required to post a bond under Federal Rule of Civil Procedure 65(c).

Questions Presented

1. Whether petitioner satisfied the preliminary-injunction standard for temporary relief against his immigration detention.
2. Whether ICE's arrest and detention of petitioner at his adjustment-of-status interview likely violated the Immigration and Nationality Act.
3. Whether petitioner demonstrated likely irreparable harm, a favorable balance of equities, and a public interest supporting temporary injunctive relief.
4. Whether respondents should be enjoined from transferring or removing petitioner or from denying or interfering with adjudication of his pending Form I-485 application.
5. Whether petitioner was required to post a bond under Federal Rule of Civil Procedure 65(c).

Disposition

other