US Court Refuses Indian Man’s Request to Block Expected ICE Arrest

December 6, 2025

Washington: A federal court in Michigan has denied an emergency request from an Indian national seeking to prevent US immigration authorities from arresting him during a scheduled check-in next week. The ruling leaves the Detroit-area resident without temporary legal protection as he continues pursuing permanent residency through his American spouse.

Judge Says Ex Parte Relief Standard Not Met

In an opinion issued Thursday, US District Judge F. Kay Behm rejected the ex parte motion for a temporary restraining order filed by Chintankumar Govindbhai Patel, an Indian citizen living in the Detroit region. The court said Patel “has not met the standard for granting ex parte relief,” noting he filed the action and request on December 1, 2025.

Patel told the court he has an ICE check-in on December 10 and fears he may be arrested at the appointment. He said he is married to a US citizen and is seeking family-based permanent residence, adding that he has “no criminal history except for a DUI in December 2023.”

Judge Behm found the filing did not meet the strict requirements for orders issued without notifying the government. Under Rule 65(b), courts may grant such relief only if immediate and irreparable harm is clearly shown and the petitioner explains in writing what efforts were made to give notice—or why notice should not be required. The judge said Patel did not argue that the government was unreachable or that notice would make the case “fruitless,” and noted that a hearing could be held remotely via Zoom.

Motion Denied Without Prejudice, Questions Raised About Complaint

The motion was denied without prejudice, meaning Patel may refile after formally notifying the government and meeting the full standard for injunctive relief—an analysis that considers likelihood of success, irreparable harm, potential hardship to others, and the public interest.

Judge Behm also warned that Patel’s underlying complaint appears incomplete, stating it is unclear what his Fifth Amendment and Immigration and Nationality Act claims are. The court said the case may be subject to dismissal for lack of jurisdiction or failure to state a claim, and advised Patel that he may amend his complaint under Rule 15.

Concerns Over ICE Arrests During Appointments

Recent cases of ICE arrests during scheduled check-ins have drawn attention from attorneys and advocacy groups, including situations involving non-citizens married to Americans. India remains one of the largest sources of family- and employment-based immigration applicants to the United States, while federal courts continue to apply a high bar for emergency injunctions in immigration-related arrests.