Ayala v Noem et al

Filing 4

ORDER TO SHOW CAUSE. The Court ORDERS Sepulveda Ayala to show cause, in writing, by no later than 5:00 p.m. Pacific time, 3/6/2025, that immediate and irreparable injury will occur before Defendants may be heard in opposition, or serve Defendants with a copy of his motion papers. Signed by Judge Jamal N Whitehead. (KRA)

Case 3:25-cv-05185-JNW

Document 4

Filed 03/05/25

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ARTURO SEPULVEDA AYALA,
Plaintiff,

CASE NO. 3:25-cv-5185-JNW
ORDER TO SHOW CAUSE

v.
KRISTI NOEM, Secretary of the
Department of Homeland Security,
KIKA SCOTT, Senior Official
performing the duties of United States
Citizenship and Immigration Services
Director, DEPUTY DIRECTOR OF
NEBRASKA SERVICE CENTER,
NATHALIE ASHER, Immigration and
Customs Enforcement Seattle Field
Office Director, BRUCE SCOTT,
Northwest ICE Processing Center
Warden, UNITED STATES OF
AMERICA,
Defendants.

On March 5, 2025, Plaintiff Arturo Sepulveda Ayala filed a complaint for
mandamus relief, seeking to compel the Defendants to adjudicate his U visa
application. Dkt. No. 1. Sepulveda Ayala also moved for a temporary restraining
order (TRO), requesting that the Court grant him a stay of removal “today, March 5,

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ORDER TO SHOW CAUSE - 1

Case 3:25-cv-05185-JNW

Document 4

Filed 03/05/25

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2025[.]” Dkt. No. 2 at 9. In his TRO motion, Sepulveda Ayala does not state whether

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he seeks a TRO without notice to Defendants, but given that he requests relief

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today, he appears to ask the Court to rule on his motion without Defendants’

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response.

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The Court may issue a TRO without notice to the adverse party only if the

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moving party shows that immediate and irreparable injury will occur before the

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adverse party can be heard and the movant’s attorney certifies “any efforts made to

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give notice and the reasons why it should not be required.” Fed. R. Civ. P. 65(b)(1).

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If these requirements are not met, the petitioner “must serve all motion papers on

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the opposing party, by electronic means if available, before or contemporaneously

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with the filing of the motion and include a certificate of service with the motion.”

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LCR 65(b)(1). “Motions for temporary restraining orders without notice to and an

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opportunity to be heard by the adverse party are disfavored and will rarely be

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granted.” Id.

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After reviewing Sepulveda Ayala’s TRO motion, the Court finds that

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Sepulveda Ayala has not established that a TRO should issue without notice to

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Defendants. Accordingly, the Court ORDERS Sepulveda Ayala to show cause, in

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writing, by no later than 5:00 p.m. Pacific time, March 6, 2025, that immediate and

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irreparable injury will occur before Defendants may be heard in opposition, or serve

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Defendants with a copy of his motion papers.

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Document 4

Filed 03/05/25

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Dated this 5th day of March, 2025.

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A

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Jamal N. Whitehead
United States District Judge

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ORDER TO SHOW CAUSE - 3