Rutilio Rosales Barrera v. Todd Lyons et al

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION

RUTILIO ROSALES BARRERA #A205-590- CASE NO. 1:26-CV-01054 SEC P VERSUS JUDGE JAMES D. CAIN, JR. TODD LYONS ET AL MAGISTRATE JUDGE PEREZ-MONTES

MEMORANDUM ORDER Before the Court is an “Emergency Motion for Temporary Restraining Order and Preliminary Injunction to Stay Removal with Embedded Declaration of Rutilio Rosales Barrera” (Doc. 2) that was filed by pro se Petitioner, in conjunction with a deficient Petitioner for Writ of Habeas Corpus. (Doc. 1) BACKGROUND Petitioner is a citizen and native of Mexico who was taken into custody by ICE on March 23, 2026, prior to a mandatory court appearance at the Wilson County General Sessions Court. Petitioner seeks a temporary restraining order based on being seized twenty minutes prior to his appearance, allegedly without any warrant or legal paperwork being presented and with the use of physical force. Petitioner alleges that he has a pending VAWA I-360 self-petition with a USCIS Prima Facie Determination valid through May 27, 2026, three U.S. citizen children, no criminal record, serious medical conditions and nearly ten years of uninterrupted residence in Tennessee.

LAW AND ANALYSIS A party seeking a temporary restraining order or preliminary injunction must show: (1) a substantial likelihood of success on the merits; (2) a substantial threat of immediate and irreparable harm for which it has no adequate remedy at law; (3) that greater injury will result from denying the temporary restraining order than if it is granted; and (4) that a temporary restraining order will not disserve the public interest. Daniels Health Scis., LLC v. Vascular Health Scis., LLC, 710 F.3d 579, 582 (Sth Cir. 2013).

Here, the bare allegations Petitioner has raised are insufficient to show a likelihood of success on the merits. Additionally, the Court has attempted to locate Petitioner at the Central Louisiana ICE Processing Center via the ICE Locator link! and has determined that Petitioner is no longer in ICE custody. Accordingly, IT IS ORDERED that the Emergency Motion for Temporary Restraining Order and Preliminary Injunction to Stay Removal with Embedded Declaration of Rutilio Rosales Barrera” (Doc. 2) is DENIED; IT IS FURTHER ORDERED | that the Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (Doc. 1) is DENIED and this matter is DISMISSED without prejudice.

THUS DONE AND SIGNED in chambers on this 29th d. ril, 2026. t/ UNITED STATES DISTRICT JUDGE | https://locator.ice. gov/odls/#/results Page 2 of 2