Santos Orozco Valle v. Bruce Scott, Warden, Northwest ICE Processing Center, et al.

Summary

The United States District Court for the Western District of Washington denied without prejudice Santos Orozco Valle’s ex parte emergency motion for a temporary restraining order and stay of removal. The court held that the motion did not satisfy Federal Rule of Civil Procedure 65(b)(1)’s requirements for extraordinary relief without notice, while permitting refiling with the required certification or proceeding under the district’s standard expedited TRO procedures.

Holdings

1. Petitioner's motion did not satisfy Federal Rule of Civil Procedure 65(b)(1) because it did not explain why relief was necessary before Respondents could respond and did not include the required certification concerning notice.
2. The request for a temporary restraining order and stay of removal was denied without prejudice.

Questions Presented

1. Whether Petitioner satisfied the heightened requirements for an ex parte temporary restraining order under Federal Rule of Civil Procedure 65(b)(1).
2. Whether the court should stay Petitioner's removal pending resolution of his habeas corpus petition.

Disposition

other