Botello-Rangel v. Immigration and Customs Enforcement (ICE) et al

Filing 5

ORDER Granting (Doc. 2 ) Petitioner's Application for Temporary Restraining Order and Setting a Briefing Schedule and Hearing Date for Plaintiff's Motion for Preliminary Injunction. Plaintiff's application for temporary restraining o rder is Granted and entered on March 21, 2004 at 1:00 p.m. Respondents are hereby Enjoined and Restrained from incarcerating or detaining plaintiff until a preliminary injunction may be heard and decided. Petitioner's motion for preliminary inj unction is set for hearing before this Court on March 28, 2014 at 11:30 a.m. Respondents shall file and serve their opposition to the motion no later than 12:00 noon on March 25, 2014. Petitioner's reply shall be filed and served no later than the close of business on March 26, 2014. Signed by Judge John A. Houston on 3/21/14. (cap)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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SERGIO BOTELLO-RANGEL,
v.

Petitioner,

IMMIGRATION AND CUSTOMS
ENFORCEMENT (ICE), et al.,
Respondents.

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Civil No. 14cv0645 JAH (WVG)
ORDER GRANTING
PETITIONER’S APPLICATION
FOR TEMPORARY RESTRAINING
ORDER [DOC. # 2] AND SETTING
A BRIEFING SCHEDULE AND
HEARING DATE FOR
PLAINTIFF’S MOTION FOR
PRELIMINARY INJUNCTION

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On March 20, 2014, petitioner Sergio Botello-Rangel (“petitioner”) filed the instant

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petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, along with a application

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for a temporary restraining order. Petitioner seeks an order restraining and enjoining

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respondents Immigration and Customs Enforcement (ICE), Daniel Ragsdale, Acting

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Director of ICE, and Gregory Archambealt, San Diego Field Director of ICE

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(“respondents”) from incarcerating or detaining petitioner until a preliminary injunction

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motion can be heard and decided or, alternatively, for an immediate ruling on the instant

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writ of habeas corpus. See Doc. # 2 at 2-3. Because petitioner filed his application ex

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parte, this Court deemed it appropriate to direct petitioner to serve respondents with the

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application prior to this Court’s ruling. Petitioner filed proof of service upon respondents

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at 3:26 p.m. on March 20, 2014.

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Now, after a careful consideration of the pleadings presented, this Court finds that

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plaintiff has sufficiently met the requirements for issuance of a temporary restraining order

14cv645

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pursuant to Rule 65 of the Federal Rules of Civil Procedure, in that plaintiff has

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sufficiently demonstrated irreparable harm and a likelihood of success on the merits of his

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claims as well as that serious questions going to the merits of plaintiff’s claims have been

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raised and the balance of hardships tip sharply in plaintiff’s favor. Immigrant Assistance

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Project of the L.A. County of Fed’n of Labor v. INS, 306 F.3d 842, 873 (9th Cir. 2002);

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Sun Microsystems, Inc. v. Microsoft Corp., 188 F.3d 1115, 1119 (9th Cir. 1999); Roe v.

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Anderson, 134 F.3d 1400, 1402 (9th Cir. 1998).

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appropriate to grant plaintiff’s application for a temporary restraining order enjoining

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respondents from incarcerating or detaining plaintiff until a preliminary injunction may

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be heard and decided. This Court finds that the posting of a security bond is not required

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in this case. See Fed.R.Civ.P. 65(c). In addition, this Court deems it appropriate to set

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a hearing date and briefing schedule for petitioner’s motion for preliminary injunction.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Therefore, this Court deems it

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Plaintiff’s application for a temporary restraining order [doc. # 2] is

GRANTED and entered on March 21, 2014 at 1:00 p.m.;
2.

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Respondents

are

hereby

ENJOINED

AND

RESTRAINED

from

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incarcerating or detaining plaintiff until a preliminary injunction may be heard and

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decided;

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3.

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Petitioner’s application for a temporary restraining order shall serve as

petitioners’s motion for preliminary injunction;
4.

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Petitioner’s motion for preliminary injunction is set for hearing before this

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Court on March 28, 2014 at 11:30 a.m.

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opposition to the motion no later than 12:00 noon on March 25, 2014. Petitioner’s

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reply shall be filed and served no later than close of business on March 26, 2014.

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Respondents shall file and serve their

14cv645

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IT IS FURTHER ORDERED that this temporary restraining order will expire on

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March 28, 2014 at 11:30 a.m. absent further order of the Court.

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Dated:

March 21, 2014

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JOHN A. HOUSTON
United States District Judge

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14cv645