Opinion

Mora

Court
District Court, W.D. Louisiana
Filed
Apr 10, 2026
Cited by
0 cases
Authority
More cited than 40.5%

“Only under ‘extraordinary circumstances’ will this court reverse the denial of a preliminary injunction.”’

How later courts described this case

  • “Only under ‘extraordinary circumstances’ will this court reverse the denial of a preliminary injunction.”’
  • explaining that temporary restraining orders are “extraordinary relief and rarely issued.”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF LOUISIANA

LAFAYETTE DIVISION

MICHEL MOJARENA MORA #A089-095-305 CASE NO. 6:26-CV-01119 SEC P

VERSUS JUDGE JAMES D. CAIN, JR.

U S IMMIGRATION & CUSTOMS MAGISTRATE JUDGE PEREZ-MONTES

ENFORCEMENT

MEMORANDUM ORDER

Before the court is a Motion for Temporary Restraining Order [doc. 2] filed by

petitioner Michel Mojarena Mora, seeking a stay of removal and an order prohibiting his

transfer during the pendency of his habeas proceedings. Mr. Mora, a native of Cuba, states

that he was taken into immigration custody on February 20, 2026, pursuant to a removal

order issued in December 2022. Doc. 1, p. 4; doc. 1, att. 2, p. 3. He challenges his overstay

in detention under Zadvydas v. Davis, 533 U.S. 678 (2001). Doc. 1, att. 1.

An applicant for a temporary restraining order (“TRO”) or preliminary injunction

must demonstrate each of the following: (1) a substantial likelihood that his cause will

succeed on the merits, (2) a substantial threat of irreparable injury if the injunction is not

granted, (3) that the threatened injury outweighs the threatened harm that the injunction

might do to the opposing party, and (4) that granting the injunction will not disserve the

public interest. Misquitta v. Warden Pine Prairie ICE Processing Ctr., 353 F.Supp.3d 518,

521 (W.D. La. 2018) (citing Piedmont Heights Civic Club, Inc. v. Moreland, 637 F.2d 430

(5th Cir. 1981)). The decision of whether to grant or deny a TRO lies in the district court's

discretion. Moore v. Brown, 868 F.3d 398, 402 (5th Cir. 2017). Courts should deny such

motions more often than not. Albright v. City of New Orleans, 46 F.Supp.2d 523, 532 (E.D.

La. 1999) (explaining that temporary restraining orders are “extraordinary relief and rarely

issued.”); see also Suburban Propane, L.P. v. D & S GCTX LLC, 2025 WL 2429087, at *2

(W.D. Tex. 2025) (holding that the extraordinary relief under Rule 65 must be

“unequivocally show[n].”); Anderson v. Jackson, 556 F.3d 351, 355-56 (5th Cir. 2009)

(“Only under ‘extraordinary circumstances’ will this court reverse the denial of a

preliminary injunction.”’).

Here the court DENIES WITHOUT PREJUDICE petitioner’s TRO motion

because he has not shown a likelihood of success on the merits as required to warrant that

extraordinary remedy. The length of his detention exceeds the six month period found

presumptively reasonable in Zadvydas. Accordingly, he cannot show a likelihood of

success on the merits at this point and the court hereby ORDERS that the Motion for

Temporary Restraining Order [doc. 2] be DENIED. The petition [doc. 1] will be reviewed

by the magistrate judge once the deficiencies are corrected.

THUS DONE AND SIGNED in Chambers on the 10th day of April, 2026.

UNITED STATES DISTRICT JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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