Tokuyama v. Godfrey et al

Filing 3

ORDER. Based on the foregoing, petitioner's Motion for a Temporary Restraining Order 2 is DENIED. However, this court shall serve respondents and issue an expedited scheduling order for further briefing by the parties. IT IS SO ORDERED. Signed on 01/28/2014 by Judge Malcolm F. Marsh. (pvh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
Case No. 3:14-cv-00147 -MA

KYOKO TOKUYAMA,

ORDER

Petitioner,

v.
ELIZABETH GODFREY, Assistant
Field Office Director,
Portland Field Office, U.S.
Immigration and Customs
Enforcement ("ICE"), NATHALIE
R. ASHER, ICE Seattle Field
Office Director, JOHN SANDWEG,
Acting Director of ICE, RAND
BEERS, Acting Secretary of the
Department of Homeland
Security,
Respondents.
MARSH, Judge
Petitioner,

an

ICE

detainee,

brings

1
proceeding pursuant to 28 U.S.C. § 2241.

this

habeas

Petitioner alleges that

she was taken into ICE custody on January 24,

2014,

imminent transfer" to ICE's Tacoma detention center.
1

corpus

and "faces
Petitioner

Petitioner does not cite to any specific habeas statute.
The court presumes petitioner seeks to proceed pursuant to 28
U.S.C. § 2241(c) (3).

1 - ORDER

alleges

that

speaks

she

schizophrenia.

only

broken

Petitioner seeks a

English

and

suffers

from

temporary restraining order

"requiring the respondents to immediately appoint, hire or secure
a lawyer for her" in order to prevent the violation of her due
process rights.
Pursuant to Fed. R. Civ.

P.

65(b),

this ''court may issue a

temporary restraining order without written or oral notice to the
adverse party or its attorney only if:
(1) specific facts in an affidavit or a verified
complaint clearly show that immediate and irreparable
injury, loss, or damage will result to the movant before
the adverse party can be heard in opposition; and
(2) the movant's attorney certifies in writing any
efforts made to give notice and the reasons why it should
not be required.
Petitioner

has

failed

to

satisfy

both

requirements.

Accordingly, petitioner's motion for a temporary restraining order
(#2) is DENIED.

To the extent that petitioner seeks to prevent her

transfer to Tacoma, the court notes that petitioner has failed to
demonstrate that her transfer would cause immediate and irreparable
injury.

Moreover,

petitioner's transfer would not defeat this

court's habeas jurisdiction.
CONCLUSION

Based on the foregoing,

petitioner's motion for a temporary

restraining order (#2) is DENIED.

2 - ORDER

However, this court shall serve

respondents and issue an expedited scheduling order for further
briefing by the parties.
IT IS SO ORDERED.
DATED this

J.? day

of January, 2014.

1tr~.rh1~'

Malcolm F. Marsh
United States District Judge

3 - ORDER