Daniela M. Toledo Hernandez v. Pamela Bondi, U.S. Attorney General, et al.

Summary

The United States District Court for the Southern District of California denied Daniela M. Toledo Hernandez’s ex parte motion for a temporary restraining order seeking to prevent ICE from detaining or removing her at an adjustment-of-status interview. The court held that Plaintiff had not shown a sufficient likelihood of irreparable harm because the cited arrests of similarly situated applicants did not establish that her own arrest and detention were likely.

Holdings

1. Plaintiff failed to establish that her arrest and detention at the adjustment-of-status interview were likely; evidence that similarly situated applicants had been arrested did not, without more concrete or individualized facts, satisfy the irreparable-harm requirement.
2. The legal standard for a temporary restraining order is substantially identical to the standard for a preliminary injunction.

Questions Presented

1. Whether Plaintiff was entitled to a temporary restraining order preventing ICE from detaining her at her adjustment-of-status interview and removing her.
2. Whether Plaintiff demonstrated a likelihood of irreparable harm sufficient to support extraordinary injunctive relief.

Disposition

other