F.S.S.M. v. Minga Wofford, in official capacity as the Field Office Director of...

United States District Court for the Eastern District of California

F.S.S.M. v. Minga Wofford, in official capacity as the Field Office Director of...

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 F.S.S.M.,

12 Petitioner, No. 1:25-cv-01518-TLN-AC

13 14 v. ORDER MINGA WOFFORD, in official capacity 15 as the Field Office Director of Mesa Verde, Office of Detention and Removal; et al., 16 Respondents. 17

18 19 On November 9, 2025, Petitioner F.S.S.M. (“Petitioner”) filed an Ex Parte Motion for 20 Temporary Restraining Order (“TRO”) and Motion for Preliminary Injunction in their habeas 21 corpus case. (ECF No. 2.) Petitioner also filed a Motion to Proceed Via Pseudonym. (ECF No. 22 3.) The Court has reviewed both motions. 23 As an initial matter, the Court notes Petitioner’s motion for a TRO exceeds the page limit 24 set forth in this Court’s standing order.1 The motion also contains redactions but there is no 25 pending motion to seal and the Court has not received unredacted copies.2 The Court is unable to 26 1 See https://www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/50201/tln-civil- 27 standing-order/.

28 2 See E.D. Cal. L. R. 140–141 (Jan. 1, 2025). 1 fully evaluate Petitioner’s request for a TRO without unredacted copies as it appears from the 2 present filing that Petitioner’s motion and supporting papers may include references and letters of 3 recommendations pertaining to other individuals. For these reasons, by no later than 10:00 a.m. 4 on Wednesday, November 12, 2025, Petitioner’s counsel is directed to: (1) file an amended 5 motion for a TRO that complies with this Court’s local rules and standing order; (2) serve 6 Respondents with a copy of the motion and accompanying papers, along with a copy of this 7 Order, by e-mail to the United States Attorney’s Office for the Eastern District of California and 8 by overnight mail; and (3) promptly file proof of service on the docket. If Petitioner seeks to file 9 the amended motion for a TRO with redactions or under seal, Petitioner must comply with the 10 local rules. See E.D. Cal. L. R. 140–141 (Jan. 1, 2025). 11 Counsel for Respondents shall promptly enter a notice of appearance. Respondents may 12 file any written opposition to the pending motion to proceed via pseudonym and amended motion 13 for a TRO by 5:00 p.m. on Thursday, November 13, 2025. 14 The parties are ordered to appear for a hearing on Petitioner’s motions on Friday, 15 November 14, 2025, at 10:30 a.m. in Courtroom 2 before Chief District Judge Troy L. Nunley, 16 15th Floor of the Robert T. Matsui Federal Courthouse. If either party seeks to appear remotely, 17 that party must file such request on the docket. If the parties jointly agree upon a less demanding 18 briefing schedule and hearing date, the Court would be inclined to adopt the parties’ stipulated 19 proposal. 20 Pending the scheduled hearing, and unless and until the Court orders otherwise, the Court 21 ORDERS that Respondents shall not take any action to remove Petitioner from the United States 22 or to move Petitioner out of this District. See F.T.C. v. Dean Foods Co.,

384 U.S. 597

, 608 23 (1966) (acknowledging the Court’s “express authority under the All Writs Act to issue such 24 temporary injunctions as may be necessary to protect its own jurisdiction.”). Given the exigent 25 circumstances presented, the Court finds this Order is warranted to maintain the status quo 26 pending the November 14, 2025 hearing and any subsequent order and finds Petitioner has at this 27 time satisfied the factors governing the issuance of such preliminary relief. 28 /// 1 IT IS SO ORDERED. 2 | Date: November 10, 2025 3

5 TROY L. NUNLEY 6 CHIEF UNITED STATES DISTRICT JUDGE 4 8 9 10 i 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

Full Case Name
F.S.S.M. v. Minga Wofford, in official capacity as the Field Office Director of Mesa Verde, Office of Detention and Removal; et al.
Status
Unknown