April 24, 2026·2:25-cv-01823-KKE·Unpublished·By Raj Patel
The United States Court of Appeals for the Ninth Circuit dismissed an appeal regarding the denial of a temporary restraining order in a foreclosure dispute. The court held that the denial of a temporary restraining order is not reviewable on appeal unless it is tantamount to the denial of a preliminary injunction.
The plaintiff, Hat Nguyen, appealed the district court’s denial of her motion for a temporary restraining order. Nguyen’s home in Kent, Washington, was sold at a nonjudicial trustee foreclosure sale after she defaulted on her mortgage. The district court denied the motion, finding Nguyen was unlikely to succeed on the merits of her argument that the sale was void.
The court’s reasoning
The panel concluded that the district court’s denial of the motion for a temporary restraining order is not reviewable on appeal because it was not tantamount to the denial of a preliminary injunction. Citing precedent, the court determined it lacked jurisdiction to hear the appeal under Section twenty-eight United States Code, Section one thousand two hundred ninety-two.
What it means going forward
This decision reinforces the jurisdictional bar in the Ninth Circuit against appealing temporary restraining order denials, limiting appellate review to preliminary injunction denials or other final orders.
