Automated Summary
Key Facts
Hossein Batooie, a 60-year-old Christian convert from Iran who was previously granted withholding of removal, filed a petition alleging he is being detained by Immigration and Customs Enforcement for the purpose of removal to an undesignated country. The Petitioner claims he faces immediate danger to his life if returned to Iran. The Court issued a Temporary Restraining Order enjoining Respondents from removing Petitioner from the United States or transferring him out of Colorado until further immigration proceedings can be held, citing constitutional due process obligations.
Issues
Whether to issue a temporary restraining order enjoining respondents from removing Petitioner Hossein Batooie from the United States or transferring him out of Colorado pending further immigration proceedings
Holdings
The Court entered a Temporary Restraining Order enjoining Respondents from removing Petitioner Hossein Batooie from the United States or transferring him out of Colorado, pending further immigration proceedings and a hearing on the TRO motion.
Remedies
The Court granted a Temporary Restraining Order enjoining Respondents from removing Petitioner Hossein Batooie from the United States or transferring him out of Colorado. The order prohibits deportation from the District of Colorado or the United States unless vacated by this Court or the Court of Appeals for the Tenth Circuit.
Legal Principles
The court issued a temporary restraining order enjoining respondents from removing Petitioner Hossein Batooie from the United States or transferring him out of Colorado. The order was issued under Federal Rule of Civil Procedure 65(b) and the All Writs Act (28 U.S.C. § 1651(a)) to preserve the status quo and prevent irreparable harm. The court found that deportation without due process could cause irreparable injury and that the Petitioner may face danger if returned to Iran. The Fifth Amendment's due process requirements require that aliens be afforded proper immigration proceedings before removal. The court expressed no view on the merits of the underlying petition but ordered immediate protection pending further proceedings.
Precedent Name
- A.A.R.P. v. Trump
- F.T.C. v. Dean Foods Co.
- Granny Goose Foods, Inc. v. Bd. of Teamsters & Auto Truck Drivers Local No. 70 of Alameda Cnty.
- Trump v. J.G.G.
- Gurchiani v. Garland
- Local 1814, Int'l Longshoremen's Ass'n v. New York Shipping Ass'n
- Vizguerra-Ramirez v. Choate, et. al.
- Reno v. Flores
Cited Statute
28 U.S.C. § 1651(a)
Judge Name
Gordon P. Gallagher
Passage Text
- The Court will enter a TRO enjoining Respondents from removing Petitioner from the United States or transferring him out of Colorado.
- Petitioner presented sufficient evidence to indicate Respondents may not—consistent with the requirements of the applicable immigration statutes—remove Petitioner from the United States to another country without further immigration proceedings.
- It therefore is necessary to halt immediate deportation until the situation is figured out. Further, the record suggests that Petitioner may be placed in immediate danger to his life if he were to be returned to Iran.