Ashemuke v. Immigration and Customs Enforcement Field Office Director

Opinion

WESTERN DISTRICT OF WASHINGTON

Petitioner, Case No. C23-1592-RSL

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

Respondent.

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

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

United States District Judge