Sebastian Diez Gomez v. Judge S. Maurice Hicks, Jr., Warden River Correctional Center, et al.

Summary

The United States District Court for the Western District of Louisiana denied Sebastian Diez Gomez’s motion for a temporary restraining order prohibiting his transfer during the pendency of his habeas petition. The court concluded that Gomez had not shown a substantial likelihood of success on the merits in light of the Fifth Circuit’s decision in Buenrostro-Mendez v. Bondi, and had not established a likely irreparable injury from a possible transfer.

Holdings

1. Gomez could not demonstrate a substantial likelihood of success because Buenrostro-Mendez v. Bondi held that noncitizens who are applicants for admission are subject to mandatory detention under 8 U.S.C. § 1225(b)(2)(A) and are not entitled to discretionary bond hearings under 8 U.S.C. § 1226(a)(2).
2. The motion for a temporary restraining order was denied because Gomez failed to establish the required likelihood of success on the merits and failed to show a sufficient likelihood of irreparable injury from a transfer.

Questions Presented

1. Whether Gomez was entitled to a temporary restraining order prohibiting his transfer outside the Western District of Louisiana while his habeas petition was pending.
2. Whether Gomez demonstrated a substantial likelihood of success on his habeas claim challenging detention without a bond hearing.
3. Whether Gomez demonstrated a substantial threat of irreparable injury from a possible transfer.

Disposition

other