Martha Lidia Cotoc Yac de Yac v. Laura Hermosillo, Seattle Field Office Director, Immigration and Customs Enforcement and Removal Operations; Todd Lyons, Acting Director of Immigration Customs Enforcement; Kristi Noem, in her official capacity as Secretary, U.S. Department of Homeland Security; Pamela Bondi, Attorney General of the United States; U.S. Immigration and Customs Enforcement; and U.S. Department of Homeland Security

CourtDistrict Court, W.D. Washington
DecidedDecember 12, 2025
Docket2:25-cv-02593
StatusUnknown

This text of Martha Lidia Cotoc Yac de Yac v. Laura Hermosillo, Seattle Field Office Director, Immigration and Customs Enforcement and Removal Operations; Todd Lyons, Acting Director of Immigration Customs Enforcement; Kristi Noem, in her official capacity as Secretary, U.S. Department of Homeland Security; Pamela Bondi, Attorney General of the United States; U.S. Immigration and Customs Enforcement; and U.S. Department of Homeland Security (Martha Lidia Cotoc Yac de Yac v. Laura Hermosillo, Seattle Field Office Director, Immigration and Customs Enforcement and Removal Operations; Todd Lyons, Acting Director of Immigration Customs Enforcement; Kristi Noem, in her official capacity as Secretary, U.S. Department of Homeland Security; Pamela Bondi, Attorney General of the United States; U.S. Immigration and Customs Enforcement; and U.S. Department of Homeland Security) 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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Martha Lidia Cotoc Yac de Yac v. Laura Hermosillo, Seattle Field Office Director, Immigration and Customs Enforcement and Removal Operations; Todd Lyons, Acting Director of Immigration Customs Enforcement; Kristi Noem, in her official capacity as Secretary, U.S. Department of Homeland Security; Pamela Bondi, Attorney General of the United States; U.S. Immigration and Customs Enforcement; and U.S. Department of Homeland Security, (W.D. Wash. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

MARTHA LIDIA COTOC YAC DE YAC, Case No. 3:25-cv-2320-SI

Petitioner, Agency No. A220-500-973

v. ORDER

LAURA HERMOSILLO, Seattle Field Office Director, Immigration and Customs Enforcement and Removal Operations; TODD LYONS, Acting Director of Immigration Customs Enforcement; KRISTI NOEM, in her official capacity as Secretary, U.S. Department of Homeland Security; PAMELA BONDI, Attorney General of the United States; U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT; and U.S. DEPARTMENT OF HOMELAND SECURITY,

Respondents.

Michael H. Simon, District Judge.

Petitioner Martha Lidia Cotoc Yac de Yac is a citizen of Guatemala. She entered the United States in 2021, was detained and released, and placed in removal proceedings. On January 19, 2022, she filed an application for asylum, which remains pending. She was issued a work permit based on her asylum application that is valid through March 4, 2030. On March 16, 2023, Petitioner’s removal proceedings were dismissed on the joint motion of Petitioner and the Office of Chief Counsel. On May 14, 2025, Petitioner filed for a U-visa after she was the victim of a felony assault. Petitioner has two children and has never committed a crime. On December 12, 2025, while driving to work, Petitioner’s vehicle was surrounded by cars containing officers stating they were from U.S. Immigration and Customs Enforcement. Petitioner asked that they contact her attorney, but no one did. Petitioner was arrested and

detained. Petitioner has filed a Petition for Writ of Habeas Corpus. ECF 1. She alleges that Respondents have violated the Administrative Procedure Act (“APA”) and her Fifth Amendment Due Process rights by revoking her release and detaining her without any due process and without complying with the INA and its governing statutes. She also has filed a Motion for Temporary Restraining Order, ECF 2, requesting that the Court order: (1) that she not be removed from the District of Oregon, or Washington state if she has already been relocated to Washington, without notice to and approval of the Court; and (2) Respondents to show cause in three days why Petitioner should not be released.

STANDARDS A. Temporary Restraining Order In deciding whether to grant a motion for temporary restraining order (“TRO”), courts look to substantially the same factors that apply to a court’s decision on whether to issue a preliminary injunction. See Stuhlbarg Int’l Sales Co. v. John D. Brush & Co., 240 F.3d 832, 839 n.7 (9th Cir. 2001). “A plaintiff seeking a preliminary injunction must demonstrate that she is likely to succeed on the merits, irreparable harm in the absence of preliminary relief, that the balance of equities tips in her favor, and that an injunction is in the public interest.” Bates v. Pakseresht, 146 F.4th 772, 783 (9th Cir. 2025) (citing Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 29 (2008)). “When the government is a party, the last two factors (equities and public interest) merge.” E. Bay Sanctuary Covenant v. Biden, 993 F.3d 640, 668 (9th Cir. 2021). A preliminary injunction also “may issue where ‘serious questions going to the merits were raised and the balance of hardships tips sharply in plaintiff’s favor’ if the plaintiff ‘also shows that there is a likelihood of irreparable injury and that the injunction is in the public

interest.’” Planned Parenthood Great Nw., Hawaii, Alaska, Indiana, Kentucky v. Labrador, 122 F.4th 825, 844 (9th Cir. 2024) (quoting All. for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1135 (9th Cir. 2011). The Ninth Circuit has a “‘sliding scale’ approach, in which ‘the elements of the preliminary injunction test are balanced, so that a stronger showing of one element may offset a weaker showing of another.’” Id. (quoting All. for the Wild Rockies, 632 F.3d at 1131). In addition, “[d]ue to the urgency of obtaining a preliminary injunction at a point when there has been limited factual development, the rules of evidence do not apply strictly to preliminary injunction proceedings.” Herb Reed Enters., LLC v. Florida Entmt. Mgmt., Inc., 736 F.3d 1239, 1250 n.5 (9th Cir. 2013); see also Johnson v. Couturier, 572 F.3d 1067, 1083 (9th Cir. 2009).

B. All Writs Act Under the All Writs Act, 28 U.S.C. § 1651, the Court “may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.” Even if the Court’s jurisdiction over Petitioner’s claim may be subject to dispute by Respondents, which has not yet been determined, “[a] federal court has the power under the All Writs Act to issue injunctive orders in a case even before the court’s jurisdiction has been established.” See ITT Cmty. Dev. Corp. v. Barton, 569 F.2d 1351, 1359 n.19 (5th Cir. 1978); see also Belbacha v. Bush, 520 F.3d 452, 455-56 (D.C. Cir. 2008) (“If a case presents a ‘substantial’ jurisdictional question, then under the All Writs Act, 28 U.S.C. § 1651, a district court may act to preserve its jurisdiction while it determines whether it has jurisdiction.”). Accordingly, the Court may “issue status quo orders to ensure that once its jurisdiction is shown to exist, the court will be in a position to exercise it.” See ITT Cmty. Dev., 569 F.2d at 1359 n.19. DISCUSSION A. All Writs Act Injunction If Petitioner were transferred out of the District of Oregon, it could potentially create jurisdictional problems. Thus, the Court finds that it is necessary in aid of its jurisdiction that

Petitioner not be transferred out of the District of Oregon or deported, at least until the parties have litigated the merits of Petitioner’s Petition.1 B. TRO 1. Success on the Merits The Court finds that Petitioner meets the elements for a TRO. She is likely to succeed on the merits that Respondents’ revocation of Petitioner’s release and her re-detention without any due process violates the Fifth Amendment. Courts routinely find that once a noncitizen has been

1 Courts around the country exercise their authority under the All Writs Act to maintain their jurisdiction over pending immigration matters by preserving the status quo. See, e.g., J.A.V. v. Trump, 780 F. Supp. 3d 705, 708 (S.D. Tex. Apr. 24, 2025) (enjoining respondents under the All Writs Act from “transferring, relocating, deporting, or removing” any petitioner outside of the Southern District of Texas because “maintaining the status quo is required to afford the Court the ability to consider the request for a preliminary injunction and other forms of relief . . . and to prevent the immediate and irreparable injury that may occur with the immediate removal of any [petitioner]”); Du v. U.S. Dep’t of Homeland Sec., 2025 WL 1317944, at *1-2 (D. Conn. Apr.

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Martha Lidia Cotoc Yac de Yac v. Laura Hermosillo, Seattle Field Office Director, Immigration and Customs Enforcement and Removal Operations; Todd Lyons, Acting Director of Immigration Customs Enforcement; Kristi Noem, in her official capacity as Secretary, U.S. Department of Homeland Security; Pamela Bondi, Attorney General of the United States; U.S. Immigration and Customs Enforcement; and U.S. Department of Homeland Security, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martha-lidia-cotoc-yac-de-yac-v-laura-hermosillo-seattle-field-office-wawd-2025.