Summary
The United States District Court for the Western District of Washington denied Amady Lazaro Dominguez-Ruiz’s motion for a temporary restraining order seeking immediate release from immigration detention and preventing his transfer. The court held that he had not shown a likelihood of irreparable harm because the habeas petition was already scheduled for prompt consideration and no facts indicated that a transfer was likely. The court noted that an existing scheduling order required advance notice before transfer or removal.
Holdings
- Petitioner was not entitled to a temporary restraining order because he failed to show a likelihood of irreparable harm in the absence of preliminary relief.
- Petitioner was not entitled to additional transfer-related protections because he offered no evidence that transfer was likely, and the court's scheduling order already required at least 48 hours' notice before transfer or removal.
Questions Presented
- Whether petitioner established the requirements for a temporary restraining order, particularly a likelihood of irreparable harm before adjudication of his habeas petition.
- Whether petitioner was entitled to immediate release from immigration detention or additional transfer-related relief pending resolution of the habeas petition.
Disposition
denied
Cases Cited (5)
- Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 20 (2008)(followed)
- United States v. City of Seattle, 474 F. Supp. 3d 1181, 1185-87 (W.D. Wash. 2020)(followed)
- Drakes Bay Oyster Co. v. Jewell, 747 F.3d 1073, 1092 (9th Cir. 2014)(followed)
- Fraihat v. U.S. Immigration & Customs Enforcement, 16 F.4th 613, 635 (9th Cir. 2021)(followed)
- Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1135 (9th Cir. 2011)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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