Manuel Arizmendi-Burgos v. David Cole

• Court: Court of Appeals for the Fifth Circuit
• Decided: October 2, 2020
• Docket: 20-30427
• Status: Unpublished

Opinion

Case: 20-30427 Document: 00515587406 Page: 1 Date Filed: 10/02/2020

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

FILED October 2, 2020 No. 20-30427 Lyle W. Cayce Summary Calendar Clerk

Manuel Alexander Arizmendi-Burgos,

Petitioner—Appellant,

versus

David Cole; J. Harnett,

Respondents—Appellees.

Appeal from the United States District Court for the Western District of Louisiana USDC No. 1:20-CV-354

Before Higginbotham, Jones, and Costa, Circuit Judges. Per Curiam:* Manuel Alexander Arizmendi-Burgos, who is detained by the Bureau of Immigration and Customs Enforcement, appeals from an order denying him relief on a motion for a temporary restraining order. The denial of a temporary restraining order is not an appealable order. See Faulder v.

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 20-30427 Document: 00515587406 Page: 2 Date Filed: 10/02/2020

No. 20-30427

Johnson, 178 F.3d 741, 742 (5th Cir. 1999); Askanase v. Livingwell, Inc., 981 F.2d 807, 809-10 (5th Cir. 1993). Accordingly, we DISMISS the appeal for want of jurisdiction. Arizmendi-Burgos’s motion to expedite consideration of the appeal is DENIED as moot.