Wilson Jose Brito Hidalgo v. Kevin Raycraft, Immigration and Customs Enforcement, Director of Detroit Field Office, Enforcement and Removal, Kristi Noem, Secretary of the U.S. Department of Homeland Security, U.S. Department of Homeland Security, Pamela Bondi, U.S. Attorney General, and Executive Office for Immigration Review

Summary

The United States District Court for the Eastern District of Michigan granted Wilson Jose Brito Hidalgo’s motion for a temporary restraining order to prevent his removal while the court considered whether it had jurisdiction over his due process claim concerning reunification with his child and an orderly departure. The court also scheduled a telephonic status conference to address the claim and future briefing.

Holdings

1. A district court may issue a restraining order to preserve existing conditions while it determines whether it has jurisdiction over the underlying claim.
2. Petitioner's motion for a temporary restraining order was granted, temporarily restraining his removal and preserving the matter for a status conference and briefing on his due process claim.

Questions Presented

1. Whether the district court could temporarily restrain petitioner's removal while determining whether it had jurisdiction to adjudicate his asserted due process claim.
2. Whether petitioner was entitled to a temporary restraining order preserving the status quo pending a status conference and briefing on the due process claim.

Disposition

other