Summary
The United States District Court for the Western District of Louisiana denied Fran Alexis Benitez-Umanzor’s motion for a preliminary injunction seeking to prevent his removal from the United States while his habeas petition was pending. The court held that, because Benitez-Umanzor had requested and been granted voluntary departure, he was required to exhaust available administrative remedies before obtaining injunctive relief. The ruling was signed by Judge Alexander C. Van Hook on April 15, 2026.
Holdings
- Because Benitez-Umanzor consented to voluntary departure, he was required to exhaust the available administrative remedies in his immigration proceeding before seeking injunctive relief in federal court.
- The motion for a preliminary injunction barring removal was denied.
Questions Presented
- Whether Benitez-Umanzor was entitled to a preliminary injunction preventing his removal while his habeas petition was pending.
- Whether a person who requested and was granted voluntary departure must exhaust available administrative remedies, including a motion to reopen, before seeking injunctive relief in federal court.
Disposition
other
Cases Cited (3)
- Kohwarien v. Holder, 635 F.3d 174, 176 n.1 (5th Cir. 2011)(quoted)
- Hinojosa v. Horn, 896 F.3d 305, 314 (5th Cir. 2018)(followed)
- Rodriguez v. Holder, 335 F. App'x 463, 464 (5th Cir. 2009)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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