Marcos Jose Barbosa Vallenilla v. Warden, Baker County Detention Center, et al.

Summary

The United States District Court for the Middle District of Florida denied an emergency motion for a temporary stay of removal filed by the petitioner’s wife as his purported next friend. The court concluded that the motion failed to comply with local procedural requirements and that the petitioner had not shown a likelihood of success on his Zadvydas-based habeas claim, including because removal to a third country could be permissible and the alleged detention period was less than six months.

Holdings

1. The emergency motion was facially insufficient because it did not comply with Middle District of Florida Local Rules 6.01 and 6.02, including the requirement that a motion for a temporary restraining order or preliminary injunction include a supporting memorandum of law.
2. The movant failed to establish a substantial likelihood of success on the underlying Zadvydas claim because the petition did not show detention exceeding six months and did not establish a good reason to believe that removal was not significantly likely in the reasonably foreseeable future.
3. A deferral of removal under the CAT is country-specific and does not prevent the Government from removing an alien to a third country other than the country to which removal has been deferred.

Questions Presented

1. Whether the emergency motion for a temporary stay of removal was facially sufficient under the Middle District of Florida's Local Rules governing temporary restraining orders and preliminary injunctions.
2. Whether the movant established a substantial likelihood of success on Petitioner's underlying Zadvydas detention claim.
3. Whether a CAT deferral of removal to Venezuela prevents the Government from removing Petitioner to a third country.

Disposition

other