govinfo:USCOURTS-tnwd-2_26-cv-02671-0

IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF TENNESSEE 
WESTERN DIVISION 
ANTONIO BARRENO CUX, 
Plaintiff, 
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No. 2:26-cv-02671-SHL-cgc 
v. 
CHRISTOPHER BULLOCK, Field Office 
Director of U.S. Immigration and Customs 
Enforcement, New Orlean Field Office, 
Defendant. 
 
ORDER STAYING TRANSFER AND REQUIRING RESPONSE 
 
 
 On June 11, 2026, Plaintiff Antonio Barreno Cux filed the Emergency Motion for 
Temporary Restraining Order, Stay of Removal, and Request for Release. (ECF No. 1.) Barreno 
Cux seeks “to preserve the status quo long enough to permit meaningful presentation of the 
statutory and constitutional issues implicated by his imminent removal,” including his status as a 
Special Immigrant Juvenile (“SIJ”) and his “substantial basis to reopen and rescind his in 
absentia removal order for lack of notice.” (Id. at PageID 1.) Specifically, he states that he 
never received notice of his order of removal under 8 U.S.C. 1229(a)(1) because, while he was a 
minor, he lived and moved addresses with his mother, who was illiterate and did not “understand 
hearing notices, address obligations, or the consequences of nonappearance.” (Id. at PageID 3, 
6.) 
Under Rule 65, a temporary restraining order (“TRO”) can be issued without notice to the 
adverse party if 
(A) specific facts in an affidavit or a verified complaint clearly show that 
immediate and irreparable injury, loss, or damage will result to the movant 
before the adverse party can be heard in opposition; and PageID
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(B) the movant’s attorney certifies in writing any efforts made to give notice and 
the reasons why it should not be required. 
 
Fed. R. Civ. P. 65(b)(1). However, Barreno Cux’s attorney has not yet certified his efforts to 
give notice to defendant, and thus a TRO cannot be granted without notice to Defendant. 
Thus, upon review of the Motion, it is ORDERED as follows: 
(1) Barreno Cux shall serve a copy of his Motion and this Order on Defendant’s 
counsel, the U.S. Attorney for the Western District of Tennessee, at the following address: 
Stuart Canale, Assistant United States Attorney 
United States Attorney’s Office 
167 North Main Street 
Suite 800 
Memphis, TN 38103 
Barreno Cux shall further email a copy of this Order to the United States Attorney for the 
Western District of Tennessee at the following email address: stuart.canale@usdoj.gov. 
(2) Within two business days after Barreno Cux fully complies with the above 
requirement, Defendant shall respond to the Motion in writing. 
(3) Barreno Cux may file a reply within two business days after Defendant’s 
responsive filing. 
(4) Defendant shall not transfer Barreno Cux out of the Western District of Tennessee 
during the pendency of this action. 
 IT IS SO ORDERED, this 17th day of June, 2026. 
 s/ Sheryl H. Lipman 
 SHERYL H. LIPMAN 
 CHIEF UNITED STATES DISTRICT JUDGE PageID
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