Vasquez Perdomo v. Noem
25-4312
| 9th Cir. | Aug 1, 2025Background
- Plaintiffs (five individuals and three associations) challenged federal immigration enforcement practices in Los Angeles, arguing that "Operation At Large" involved detentive stops based solely on race/ethnicity, language, location, and type of work, without reasonable suspicion.
- Plaintiffs alleged these practices violated the Fourth Amendment’s protection against unreasonable seizures.
- District court granted a temporary restraining order (TRO) enjoining such stops, finding Plaintiffs likely to succeed on the merits and that a pattern of officially-approved, suspicionless stops existed.
- Defendants (senior federal immigration officials) appealed and sought an emergency stay of the TRO, primarily challenging Plaintiffs’ standing, the scope/terms of the TRO, and its consistency with the Fourth Amendment.
- The Ninth Circuit considered whether to stay the TRO during appeal, analyzing standing, likelihood of future harm, and the appropriateness/clarity of the injunction.
- The operative TRO barred stops based solely on the four identified factors and applied district-wide to provide complete relief to the named and association plaintiffs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing for Injunctive Relief | Ongoing pattern of stops makes future harm likely for all plaintiffs | Future injury not sufficiently likely for individuals or associations | Plaintiffs (individuals and associations) have standing; pattern of sanctioned behavior makes recurrence likely |
| Vagueness of TRO | TRO specifically enjoins stops based on four enumerated factors | TRO, especially “except as permitted by law” clause, is impermissibly vague | Only “except as permitted by law” is vague; rest of TRO is sufficiently clear |
| Consistency with Fourth Amendment | Stops on four factors alone fail “reasonable suspicion” requirement | TRO unlawfully bars reliance on statutorily/constitutionally relevant factors | TRO valid: prohibits stops based solely on the four factors, which cannot establish reasonable suspicion in this context |
| Scope of District-wide Relief | Necessary for complete relief, as profiling is based on group, not individuals | District-wide TRO exceeds proper boundaries, confers benefits on non-parties | District-wide injunction appropriate to protect all plaintiffs and association members |
Key Cases Cited
- Lujan v. Defs. of Wildlife, 504 U.S. 555 (injury-in-fact and standing requirements)
- City of Los Angeles v. Lyons, 461 U.S. 95 (injunction standing requirement for likely future injury)
- United States v. Brignoni-Ponce, 422 U.S. 873 (reasonable suspicion in immigration stops)
- United States v. Cortez, 449 U.S. 411 (totality of circumstances standard for reasonable suspicion)
- United States v. Arvizu, 534 U.S. 266 (reasonable suspicion requires more than isolated factors)
- United States v. Montero-Camargo, 208 F.3d 1122 (consideration of race/ethnicity under Fourth Amendment)
- United States v. Manzo-Jurado, 457 F.3d 928 (limitations of profiling in reasonable suspicion)
- Zepeda v. INS, 753 F.2d 719 (injunction scope and limits)
- Easyriders Freedom F.I.G.H.T. v. Hannigan, 92 F.3d 1486 (statewide relief necessary where practical considerations preclude plaintiff-only relief)
