Summary
The United States District Court for the Western District of Louisiana denied Yordanos Luel Berhe’s emergency motion for a temporary restraining order seeking to prevent her removal to Cameroon. The court held that it lacked jurisdiction under 8 U.S.C. § 1252(g) to restrain execution of the removal order.
Holdings
- The district court lacked jurisdiction to restrain respondents from removing Berhe because her requested stay was a challenge directly and immediately connected to the Attorney General's execution of a removal order, within the jurisdictional bar of 8 U.S.C. § 1252(g).
- Berhe's emergency motion for a temporary restraining order was denied because the court lacked jurisdiction to grant the requested relief.
Questions Presented
- Whether the district court had jurisdiction to issue a temporary restraining order staying Berhe's removal while she sought due-process review of her fear-of-removal claim.
- Whether Berhe was entitled to emergency injunctive relief.
Disposition
other
Cases Cited (12)
- Misquitta v. Warden Pine Prairie ICE Processing Ctr., 353 F. Supp. 3d 518, 521 (W.D. La. 2018)(followed)
- Piedmont Heights Civic Club, Inc. v. Moreland, 637 F.2d 430 (5th Cir. 1981)(followed)
- Moore v. Brown, 868 F.3d 398, 402 (5th Cir. 2017)(followed)
- Albright v. City of New Orleans, 46 F. Supp. 2d 523, 532 (E.D. La. 1999)(followed)
- Suburban Propane, L.P. v. D & S GCTX LLC, No. 1:25-cv-00706, 2025 WL 2429087, at *2 (W.D. Tex. 2025)(followed)
- Anderson v. Jackson, 556 F.3d 351, 355–56 (5th Cir. 2009)(followed)
- Imran v. Harper, No. 25-30370, 2026 WL 93131, at *1 (5th Cir. Jan. 13, 2026)(followed)
- In re Asemani, 2025 WL 1823953, at *1 (4th Cir. July 2, 2025)(followed)
- Humphries v. Various Fed. USINS Emps., 164 F.3d 936, 943 (5th Cir. 1999)(followed)
- Fabuluje v. Immigration & Naturalization Agency, 244 F.3d 133, 133 (5th Cir. 2000) (unpublished)(followed)
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Cited In (0)
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Court Document
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