Farouk Tariq v. U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, U.S. Department of Justice Attorney General Pamela Bondi

Summary

The Eastern District of New York temporarily enjoined the government from moving Farouk Tariq outside the Eastern District of New York, Southern District of New York, or District of New Jersey absent further court order. The court also temporarily barred his removal from a hospital or transfer to a detention center through January 2, 2026, or earlier without prior leave of court, to preserve jurisdiction and address his urgent medical needs.

Holdings

1. Under the All Writs Act, the court may enjoin Respondents from moving Petitioner outside the Eastern District of New York, the Southern District of New York, or the District of New Jersey absent further order, because the restriction was necessary to preserve the court’s jurisdiction pending final disposition of the petition.
2. The court temporarily enjoined Respondents from removing Petitioner from South Shore Hospital or another hospital facility and from taking him to a detention center until 14 days from the order, or unless Respondents first obtained leave of court.

Questions Presented

1. Whether the court could use the All Writs Act to restrict Respondents’ transfer of Petitioner in order to preserve the court’s jurisdiction over the pending habeas petition.
2. Whether temporary injunctive relief under Federal Rule of Civil Procedure 65(b)(1) was warranted to prevent Petitioner’s removal from the hospital or transfer to a detention center while the habeas petition was pending.

Disposition

other