Jorge Antonio Lopez Valasquez v. Judge S. Maurice Hicks, Jr., Brian Acuna, et al.

Summary

The United States District Court for the Western District of Louisiana denied Jorge Antonio Lopez Valasquez’s motion for a temporary restraining order and preliminary injunction. The court declined to enjoin his removal or transfer while his habeas petition concerning immigration detention and a potential bond hearing proceeds on an expedited briefing schedule.

Holdings

1. The motion for a temporary restraining order and preliminary injunction was denied because petitioner failed to establish the requirements for extraordinary injunctive relief, including a substantial likelihood of success and a substantial threat of irreparable injury.
2. Petitioner was not entitled to an injunction against transfer because speculation or conclusory allegations of irreparable injury are insufficient, and he had not shown a likelihood that he would be transferred.
3. The court would not use injunctive relief to bypass the habeas process or decide immediately the detention relief sought in the habeas petition.

Questions Presented

1. Whether the petitioner was entitled to a temporary restraining order or preliminary injunction prohibiting his removal from the United States during the pendency of his habeas petition.
2. Whether the petitioner was entitled to injunctive relief prohibiting his transfer to another immigration detention facility.
3. Whether injunctive relief duplicating the relief sought in the habeas petition could be used to obtain an expedited detention or bond hearing.

Disposition

denied