Opinion

Patricio-Morales v. Ducote

Court
District Court, W.D. Louisiana
Filed
Jul 20, 2026
Cited by
0 cases
Authority
More cited than 42.1%

The opinion

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF LOUISIANA

MONROE DIVISION

JOSE PATRICIO-MORALES CASE NO. 3:26-CV-00877 SEC P

VERSUS JUDGE JAMES D. CAIN, JR.

TIMOTHY DUCOTE ET AL MAG. JUDGE KAYLA D. MCCLUSKY

MEMORANDUM ORDER

Before the court is a Motion for Reconsideration [doc. 16] filed under Federal Rule of Civil

Procedure 59(e) by petitioner Jose Patricio-Morales. Petitioner, a Mexican national in ICE

detention, seeks a reversal of the court’s denial of his petition for writ of habeas corpus under 28

U.S.C. § 2241. Respondents oppose the motion. Doc. 18.

“Rule 59(e) relief is appropriate (1) where there has been an intervening change in the

controlling law; (2) where the movant presents newly discovered evidence that was previously

unavailable; or (3) to correct a manifest error of law or fact.” McAlpine v. Porsche Cars N. Am.

Inc., 428 F. App'x 261, 263 (5th Cir. 2010) (per curiam) (citing Schiller v. Physicians Res. Group

Inc., 342 F.3d 563, 567 (5th Cir. 2003)). “‘Manifest error’ is one that ‘is plain and indisputable,

and that amounts to a complete disregard of the controlling law.’” Guy v. Crown Equip. Corp., 394

F.3d 320, 325 (5th Cir. 2004) (quoting Venegas-Hernandez v. Sonolux Records, 370 F.3d 183, 195

(1st Cir. 2004)). “While the district courts do have ‘considerable discretion in deciding whether to

grant or deny a motion to alter a judgment,’ denial of Rule 59(e) motions to alter or amend is

favored.” Brown v. Louisiana State Senate, 2013 WL 5603232, at *1 (M.D. La. Oct. 11, 2013)

(quoting Hale v. Townley, 45 F.3d 914, 921 (5th Cir. 1995)). A motion to alter or amend is “an

extraordinary remedy that should be used sparingly.” Rollins v. Home Depot USA, 8 F.4th 393, 396

(Sth Cir. 2021).

Petitioner seeks Rule 59(e) relief in reliance on a California district court decision

certifying a class of individuals with pending principal or derivative U visa petitions, T visa

petitions, or VAWA petitions whom ICE has detained or seeks to detain for civil immigration

enforcement. The district court stayed ICE guidance issued in 2025, which provided that ICE

officers are not required to consider an immigrant’s potential VAWA qualification in deciding

whether to take civil immigration enforcement action. Jmmigration Ctr. for Women and Children

v. Noem (“ICWC”), 2026 WL 1455004 (C.D. Cal. May 20, 2026), appeal filed, No. 26-3961 (9th

Cir.). Petitioner also cites progress in his appeal before the BIA as a change in circumstance

prompting reconsideration. Doc. 16. As another court in this district recently pointed out, JCWC

remains pending in another district and is presently in a preliminary posture. Accordingly, other

courts have declined to grant preliminary injunctive relief to purported class members. See Rauda

Choto v. Ladwig, 2026 WL 1652576, at *1—*2 (W.D. La. Jun. 8, 2026) (collecting cases). Since

that time, the government has also filed an appeal of the district court’s decision in ICWC.

Additionally, petitioner’s BIA appeal was pending when the court entered its judgment. Progress

therein is routine and does not warrant the extraordinary relief provided by Rule 59(e).

Accordingly, IT IS ORDERED that the Motion for Reconsideration [doc. 16] be DENIED.

THUS DONE AND SIGNED in Chambers on the 20th day of July, 2026.

UNITED STATES DISTRICT JUDGE

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.