Ottey v. Department of Homeland Security

Background

Ottey filed a second motion for a temporary restraining order and preliminary injunction. He asked the court to stop his removal from the United States so that he could pursue his civil complaint, which the opinion identifies as a claim under Bivens.

The court had previously denied Ottey’s emergency request to stop his removal but required the government to notify the court at least 48 hours before removing him. After the Second Circuit denied and dismissed Ottey’s petitions for review of his removal order, the government informed the court that Immigration and Customs Enforcement intended to remove him by the end of July 2020.

Ruling

The court had already denied Ottey’s later request on July 20, 2020, because it lacked jurisdiction—legal authority—to enjoin his valid removal order. Relying on the reasons given in that earlier order, the court denied Ottey’s second motion for a temporary restraining order and preliminary injunction.

The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied Ottey’s request to proceed without paying fees for an appeal. The order directed that a copy be mailed to Ottey and delivered to him before his removal.