Ms. L. v. U.S Immigration & Customs Enforcement

A. Likelihood of Success

"The first factor under Winter is the most important-likely success on the merits." Garcia v. Google, Inc. , 786 F.3d 733 , 740 (9th Cir. 2015). While Plaintiffs carry the burden of demonstrating likelihood of success, they are not required to prove their case in full at the preliminary injunction stage but only such portions that enable them to obtain the injunctive relief they seek. See Univ. of Texas v. Camenisch , 451 U.S. 390 , 395, 101 S.Ct. 1830 , 68 L.Ed.2d 175 (1981).

Here, the only claim currently at issue is Plaintiffs' due process claim. 9 Specifically, Plaintiffs contend the Government's practice of separating class members from their children, and failing to reunite those parents who have been separated, without a determination that the parent is unfit or presents a danger to the child violates the parents' substantive due process rights to family integrity under the Fifth Amendment to the United States Constitution. To prevail on this claim, Plaintiffs must show that the Government practice "shocks the conscience." In the Order on Defendants' motion to dismiss, the Court found Plaintiffs had set forth sufficient facts to support that…