Cristian Paul Pallo Bolanos v. Jim C. Arnott, et al.

Summary

The United States District Court for the Western District of Missouri granted Cristian Paul Pallo Bolanos’s motion for a temporary restraining order in a habeas proceeding challenging repeated transfers during his immigration proceedings. Applying Federal Rule of Civil Procedure 65(b)(1) and the Dataphase factors, the court found likely violations of his due process and statutory rights to challenge removal with assistance of counsel. Respondents were enjoined from transferring him outside the Western District of Missouri during the pendency of the habeas petition, without disrupting his scheduled immigration-court hearing.

Holdings

1. The court held that Petitioner satisfied Rule 65(b)(1)(A) by showing immediate and irreparable injury before Respondents could be heard and satisfied Rule 65(b)(1)(B) through the notice efforts presented to the court; notice therefore was not required.
2. The court held that a TRO was appropriate because Petitioner demonstrated a sufficient likelihood of success, a high threat of irreparable harm, a favorable balance of harms, and a public interest in preserving a fair removal proceeding.
3. The court enjoined Respondents from transferring Petitioner outside the Western District of Missouri during the pendency of the habeas petition, until the Government could respond and the court could be fully briefed on the merits.

Questions Presented

1. Whether Petitioner satisfied Federal Rule of Civil Procedure 65(b)(1)'s requirements for a temporary restraining order without notice.
2. Whether the Dataphase factors supported enjoining Respondents from transferring Petitioner outside the Western District of Missouri during the habeas proceeding.
3. Whether Petitioner demonstrated a sufficient likelihood that repeated transfers would violate his statutory and constitutional rights to challenge removal with the assistance of counsel.

Disposition

other