“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
ALEXANDRIA DIVISION
YORDANIS A CAMPBELL AGRAMONTE CASE NO. 1:26-CV-01165 SEC P
#A213-401-044
VERSUS JUDGE JAMES D. CAIN, JR.
WARDEN WINN CORRECTIONAL CENTER MAGISTRATE JUDGE HORNSBY
DETENTION FACILITY ET AL
MEMORANDUM ORDER
Before the court is a Motion to Prevent Transfer [doc. 2] filed by Geoel Varona
Agramonte, as next friend of petitioner Yordanis Campbell Agramonte, a native of Cuba
who is in ICE custody at Winn Correctional Center in Winnfield, Louisiana. Through the
motion, which the court construes as a request for a temporary restraining order, the
petitioner requests that the court restrain respondent from transferring him during the
pendency of his habeas proceedings.
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 (Sth 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 (Sth Cir. 2009)
(“Only under ‘extraordinary circumstances’ will this court reverse the denial of a
preliminary injunction.”’).
Petitioner cannot satisfy the second factor under his request by showing a substantial
threat of irreparable injury. The court’s jurisdiction attaches with the filing of the habeas
petition and is not destroyed by any subsequent transfer. Pena Ramirez v. Noem, 2025 WL
3443186, at *2 (S.D. Tex. Dec. 1, 2025) (citing Griffin v. Ebbert, 751 F.3d 288, 290 (Sth
Cir. 2014)). Petitioner fails to show how remaining in detention in Louisiana assists him in
communicating with his next friend, who is located in Kentucky. Additionally, the court is
reluctant to set a precedent that would interfere with the government's need to transfer any
immigration detainee with a pending habeas petition. The Motion [doc. 2] is therefore
DENIED.
THUS DONE AND SIGNED in Chambers on the 15th day of April, 2026.
UNITED STATES DISTRICT JUDGE
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