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Keywords

defendantjurisdictionmotionwillleasemisdemeanor
plaintiffjurisdictionattorneymotionwilllease

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Lopez-Aldana, Matter of

Facts

Lopez-Aldana is a citizen of El Salvador who entered the U.S. in November 2000 and applied for TPS in 2002, but his application was denied due to not meeting the eligibility cutoff date. He has been in ICE custody since August 2008 after being arrested for felonies and a misdemeanor. He has made multiple attempts to gain TPS, including requests to an Immigration Judge and USCIS, but faced various denials and jurisdictional issues. His TPS application status remains unclear as of the court's decision.

According to the allegations in the complaint, Lopez-Aldana is a citizen of El Salvador who entered the United States in November 2000. Compl. P 19. Lopez-Aldana originally applied for TPS in 2002, but his application was denied because he was unable to establish that he entered the United States before the eligibility cutoff date of February 13, 2001. Compl. P 19 & Ex. C at 1.

Issue

Whether the court has jurisdiction to grant Lopez-Aldana's motion for a temporary restraining order to reinstate his TPS and release him from custody.

Whether to grant TPS is a matter committed to the discretion of the Attorney General. See 8 U.S.C. 1254a(a)(1)(A). With one exception (discussed below), Congress has expressly deprived all federal courts of jurisdiction to review denials of discretionary relief in immigration cases. 8 U.S.C. 1252(a)(2)(B)(ii). This prohibition applies regardless of whether the denial was made in removal proceedings.

Rule

The court must consider four factors in deciding whether to grant a temporary restraining order: (1) the movant's likelihood of success on the merits; (2) the threat of irreparable harm to the movant; (3) the balance between this harm and the injury that granting the order will inflict on the party that is enjoined; and (4) the public interest.

A court must consider four factors in deciding whether to grant a temporary restraining order: (1) the movant's likelihood of success on the merits; (2) the threat of irreparable harm to the movant; (3) the balance between this harm and the injury that granting the order will inflict on the party that is enjoined; and (4) the public interest. Dataphase Sys., Inc. v. C L Sys., Inc., 640 F.2d 109, 114 (8th Cir. 1981). Temporary restraining orders are extraordinary remedies, and the party seeking such relief bears the burden of establishing the Dataphase factors.

Analysis

The court found that Lopez-Aldana was unlikely to succeed on the merits because it likely lacked jurisdiction over his claims, as the decision to grant TPS is discretionary and Congress has deprived federal courts of jurisdiction to review such denials. Additionally, Lopez-Aldana had not exhausted his administrative remedies, as his TPS application was still pending before the Immigration Judge.

Lopez-Aldana filed this action seeking release from custody and reinstatement of TPS. Lopez-Aldana is unlikely to succeed on the merits of these claims because this Court almost certainly lacks jurisdiction over them.

Conclusion

The court denied Lopez-Aldana's motion for a temporary restraining order, concluding that he was unlikely to succeed on his claims and that the other factors did not favor granting relief.

Because Lopez-Aldana is very unlikely to succeed on his claims and the other Dataphase factors do not weigh in favor of granting relief, Lopez-Aldana's motion is denied.

Who won?

The defendant, as the court denied Lopez-Aldana's motion for a temporary restraining order, emphasizing the lack of jurisdiction and the need for administrative exhaustion.

Based on the foregoing, and on all of the files, records, and proceedings herein, IT IS HEREBY ORDERED that plaintiff's motion for a temporary restraining order is DENIED.

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