Memorandum of Law - In Support of Plaintiff’s Emergency Motion for Temporary Restraining Order and Preliminary Injunction

Sep 1, 2026

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Template for drafting a U.S. District Court memorandum of law supporting a plaintiff/petitioner’s emergency motion for a temporary restraining order and preliminary injunction. Covers required court identification, an introduction summarizing merits and irreparable harm, a legal background section that explains immigration law without assuming judges’ familiarity, a chronological statement of facts with verifiable citations, and an argument structured around likelihood of success, irreparable harm, balance of equities, and public interest, including relevant case-law standards and evidentiary support.

LanguageEnglish

CategoryLetters

FormatDOCX

Pages7

Reading Time3 min

AccessFree to download

Table of Contents

Introduction

Legal Background

Statement of Facts

Argument

Likely to Succeed on the Merits

Irreparable Harm

Balance of Hardships and Public Interest

TEMPLATE MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF / PETITIONER’S MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION For more detailed information, see the practice advisory Litigating Injunctions in Federal Court available at: www.immigrationlitigation.org Check the Local Rules to determine whether a separate Notice of Motion is required Use pleading paper if required by Local Rule UNITED STATES DISTRICT COURT ______ DISTRICT OF STATE ____ DIVISION MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF’S / PETITIONER’S EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION Include footer with relevant information if required by Local Rule TABLE OF CONTENTS Page I. INTRODUCTION Plaintiff / Petitioner is a ____. Identify the person by her/his/their positive equities and/or immigration situation. Through her/his/their complaint / habeas petition, Plaintiff / Petitioner is challenging _____. She/He/They seek immediate injunctive relief to protect her/him/them from ongoing and imminent harm caused by Defendants’ / Respondents’ ___. Add brief recap of the strength of the merits claims and/or irreparable harm. For these reasons, Plaintiff / Petitioner asks this Court to provide immediate relief, enjoining Defendants / Respondents from ____, and ordering Defendants / Respondents to immediately ___________. II. LEGAL BACKGROUND Add the legal background relevant to the claims for relief. Do not assume the judge and court staff know immigration law. Write as if they do not. When citing the Immigration and Nationality Act (INA), use 8 U.S.C. § ### (not INA § ___). III. STATEMENT OF FACTS State the facts that prompted the complaint or petition and the need for injunctive relief. Present the facts in chronological order. Use subheadings as appropriate to convey different stages of the movant’s relevant factual and/or immigration history/proceedings. Cite to verifiable sources, including the paragraphs of the complaint or petition (e.g., ECF 1 ¶# or Dkt. 1 at ¶¶#-#) and evidence filed in support of the motion (e.g., Exh. A, Declaration of XXXX]). Some practitioners also cite to newspaper articles/media reports. Write in an objective fashion and do not include statements that reflect emotions, opinions, or legal conclusions. Present all relevant facts, including those that may not support the argument (but nevertheless are relevant to the analysis). Omitting relevant facts can undermine credibility. IV. ARGUMENT To obtain temporary and preliminary injunctive relief, Plaintiff / Petitioner must demonstrate that (1) she/he/they is likely to succeed on the merits, (2) she/he/they is likely to suffer irreparable harm in the absence of preliminary relief, (3) the balance of equities tips in her/his/their favor, and (4) an injunction is in the public interest. Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008) TA \l “Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008)” \s “Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7 (2008)” \c 1 TA \l “Am. Trucking Ass’ns v. City of L.A., 559 F.3d 1046 (9th Cir. 2009)” \s “Am. Trucking Ass’ns v. City of L.A., 559 F.3d 1046, 1052 (9th Cir. 2009)” \c 1 ; Insert citation to circuit court decision and/or standard (see advisory). When the government is a party, the balance of equities and public interest merge. Nken v. Holder, 556 U.S. 418, 435 (2009); Insert citation to circuit court decision. If applicable, insert relevant circuit case law regarding standard for mandatory injunctive relief (see practice advisory). Under the circumstances presented herein, no security bond is required under Federal Rule of Civil Procedure 65(c). A. Plaintiff / Petitioner Is Likely to Succeed on the Merits. For each claim presented in the complaint or petition for which the motion seeks temporary or preliminary relief, explain why the petitioner or plaintiff is ultimately likely to prevail. 1. Plaintiff / Petitioner Is Likely to Prevail on Her/His/Their Claim That __ 2.

FAQs

What must the introduction of the memorandum include for an emergency TRO and preliminary injunction?

It should identify the plaintiff/petitioner, state the harm or ongoing/impending harm caused by the defendants/respondents, briefly recap merits and irreparable-harm strength, and ask the court for specific immediate injunctive relief.

How should the statement of facts be organized and supported?

The facts must be presented chronologically, use subheadings as needed, and rely on verifiable sources such as complaint/petition paragraph citations (e.g., ECF/Dkt) and supporting evidence like exhibits and declarations.

What legal elements must be shown in the argument section to obtain temporary and preliminary injunctive relief?

The memorandum must address likelihood of success on the merits, likelihood of irreparable harm without relief, the balance of equities tipping in the movant’s favor, and that an injunction is in the public interest.

Sep 1, 2026

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