Ashemuke v. Immigration and Customs Enforcement Field Office Director

W.D. Washington

Ashemuke v. Immigration and Customs Enforcement Field Office Director

DecidedJanuary 22, 2024

Docket2:23-cv-01592

StatusUnknown

This text of Ashemuke v. Immigration and Customs Enforcement Field Office Director (Ashemuke v. Immigration and Customs Enforcement Field Office Director) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ashemuke v. Immigration and Customs Enforcement Field Office Director, (W.D. Wash. 2024).

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Opinion

6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 AT SEATTLE

8 EMMANUEL ASHEMUKE,

9 Petitioner, Case No. C23-1592-RSL

10 v. ORDER DENYING MOTION FOR 11 ICE FIELD OFFICE DIRECTOR, TEMPORARY RESTRAINING ORDER

12 Respondent.

14 The Court, having reviewed the petition for writ of habeas corpus, petitioner’s motion for 15 temporary restraining order, the government’s response to petitioner’s motion, the Report and 16 Recommendation of the Honorable Michelle L. Peterson, United States Magistrate Judge, 17 petitioner’s objections thereto, and the remaining record, hereby finds and ORDERS: 18 (1) The Report and Recommendation is approved and adopted. Petitioner seeks a 19 mandatory injunction. Even considering the new information submitted with petitioner’s 20 objections, he has not shown that the Martinez factors, on balance, clearly favor a finding that 21 petitioner’s § 1226(c) detention has become unreasonable. Martinez v. Clark, 2019 WL 5968089, 22 at *6 (W.D. Wash. May 23, 2019), report and recommendation adopted, 2019 WL 5962685 23 1 (W.D. Wash. Nov. 13, 2019) (quoting Sajous v. Decker, 2018 WL 2357266, at *8 (S.D.N.Y. 2 May 23, 2018), and collecting cases). 3 (2) Petitioner’s motion for temporary restraining order (dkt. # 8) is DENIED. 4 (3) The Clerk is directed to send copies of this Order to Petitioner, to counsel for

5 Respondent, and to Judge Peterson. 6 7 Dated this 22nd day of January, 2024.

8 9 ROBERT S. LASNIK United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23

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6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 AT SEATTLE

8 EMMANUEL ASHEMUKE,

9 Petitioner, Case No. C23-1592-RSL

10 v. ORDER DENYING MOTION FOR 11 ICE FIELD OFFICE DIRECTOR, TEMPORARY RESTRAINING ORDER

12 Respondent.

14 The Court, having reviewed the petition for writ of habeas corpus, petitioner’s motion for 15 temporary restraining order, the government’s response to petitioner’s motion, the Report and 16 Recommendation of the Honorable Michelle L. Peterson, United States Magistrate Judge, 17 petitioner’s objections thereto, and the remaining record, hereby finds and ORDERS: 18 (1) The Report and Recommendation is approved and adopted. Petitioner seeks a 19 mandatory injunction. Even considering the new information submitted with petitioner’s 20 objections, he has not shown that the Martinez factors, on balance, clearly favor a finding that 21 petitioner’s § 1226(c) detention has become unreasonable. Martinez v. Clark, 2019 WL 5968089, 22 at *6 (W.D. Wash. May 23, 2019), report and recommendation adopted, 2019 WL 5962685 23 1 (W.D. Wash. Nov. 13, 2019) (quoting Sajous v. Decker, 2018 WL 2357266, at *8 (S.D.N.Y. 2 May 23, 2018), and collecting cases). 3 (2) Petitioner’s motion for temporary restraining order (dkt. # 8) is DENIED. 4 (3) The Clerk is directed to send copies of this Order to Petitioner, to counsel for

5 Respondent, and to Judge Peterson. 6 7 Dated this 22nd day of January, 2024.

8 9 ROBERT S. LASNIK United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23

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Ashemuke v. Immigration and Customs Enforcement Field Office Director, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ashemuke-v-immigration-and-customs-enforcement-field-office-director-wawd-2024.