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Case Name La O Munoz v. Wolf IM-TX-0055
Docket / Court 4:20-cv-02206 ( S.D. Tex. )
State/Territory Texas
Case Type(s) Immigration and/or the Border
Special Collection COVID-19 (novel coronavirus)
Case Summary
COVID-19 Summary: This is a habeas petition filed on behalf of immigrant detainees in Texas, seeking release from detention due to COVID-19. The court denied to enter any relief for the plaintiffs on July 6, 2020. Later, the plaintiffs were released and the court dismissed the case on July 31.
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COVID-19 Summary: This is a habeas petition filed on behalf of immigrant detainees in Texas, seeking release from detention due to COVID-19. The court denied to enter any relief for the plaintiffs on July 6, 2020. Later, the plaintiffs were released and the court dismissed the case on July 31.


This petition for writ of habeas corpus was filed on June 23, 2020 in the U.S. District Court for the Southern District of Texas. Represented by private counsel, the petitioners were immigrant detainees held at the Joe Corley Detention Facility in Conroe, Texas. They brought this claim against Acting Secretary of U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, ICE Field Office Director Patrick Contreras, Attorney General William Barr, and Facility Warden Randy Tate. The petitioners were three Cuban citizens and one Honduran citizen. As their home countries were not accepting deportees from the U.S., they were held in ICE custody for a prolonged period of time. They argued that the Joe Corley Detention Facility was doing an inadequate job at protecting against the spread of COVID-19, violating their Fifth Amendment Due Process rights and habeas corpus. The petitioners requested a writ of habeas corpus or, in the alternative, injunctive relief releasing the detainees immediately.

The court rejected all of the plaintiffs' requests on July 6, 2020. The court held that the petitioners can only use habeas corpus to protest the fact of their confinement or the duration of their confinement, but not the conditions of their confinement. Regarding injunctive relief, the court found that petitioners were not likely to succeed on the merits of the case, and so it refused to grant the injunctive relief.

On July 31, the plaintiffs filed a notice of voluntary dismissal because each of the plaintiffs had been released from Joe Corley Detention Facility. The court granted the plaintiffs notice of dismissal that same day. The case is now closed.

Jack Hibbard - 08/20/2020


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Due Process: Substantive Due Process
COVID-19
Release Denied
Release Requested
Defendant-type
Corrections
Jurisdiction-wide
General
Bathing and hygiene
Conditions of confinement
Confinement/isolation
Habeas Corpus
Over/Unlawful Detention
Placement in detention facilities
Sanitation / living conditions
Immigration/Border
Border police
Constitutional rights
Detention - conditions
Refugees
Plaintiff Type
Private Plaintiff
Special Case Type
Habeas
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Defendant(s) Acting Secretary of DHS Chad Wolf
Attorney General William Barr
Immigration and Customs Enforcement
Warden of Joe Corley Detention Center Randy Tate
Plaintiff Description Immigrant detainees at Joe Corley Detention Center
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Habeas relief
Source of Relief Litigation
Form of Settlement Voluntary Dismissal
Filed 06/23/2020
Case Closing Year 2020
Case Ongoing No
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  Opinion: Cuban ICE detainee exposes unsafe Texas facilities, pleads for release to help battle coronavirus
https://www.houstonchronicle.com/
Date: Apr. 19, 2020
By: Roger Ernesto La O Muñoz (Houston Chronicle)
[ Detail ] [ External Link ]

Court Docket(s)
S.D. Tex.
07/31/2020
4:20-cv-2206
IM-TX-0055-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
S.D. Tex.
06/23/2020
Verified Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241 and Complaint for Declaratory and Injunctive Relief [ECF# 1]
IM-TX-0055-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Tex.
06/26/2020
Memorandum of Law in Support of Petitioners-Plaintiffs' Motion for Temporary Restraining Order [ECF# 9-1]
IM-TX-0055-0003.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Tex.
06/30/2020
Respondents' Response to Temporary Restraining Order [ECF# 19]
IM-TX-0055-0004.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Tex.
07/06/2020
Order [ECF# 24]
IM-TX-0055-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Tex.
07/31/2020
Plaintiffs' Notice of Voluntary Dismissal [ECF# 25]
IM-TX-0055-0005.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Gilmore, Vanessa D. (S.D. Tex.) show/hide docs
IM-TX-0055-0001 | IM-TX-0055-9000
Plaintiff's Lawyers Durst, Lee G. (New York) show/hide docs
IM-TX-0055-0002 | IM-TX-0055-0003 | IM-TX-0055-0005 | IM-TX-0055-9000
LeGrand, Andrew Patrick (Texas) show/hide docs
IM-TX-0055-0002 | IM-TX-0055-0003 | IM-TX-0055-0005 | IM-TX-0055-9000
Marquart, Katherine Michelle (New York) show/hide docs
IM-TX-0055-0002 | IM-TX-0055-0003 | IM-TX-0055-0005 | IM-TX-0055-9000
Monroe, Alayna Leigh (California) show/hide docs
IM-TX-0055-0002 | IM-TX-0055-0003 | IM-TX-0055-0005 | IM-TX-0055-9000
Parker, Nicholas M. (California) show/hide docs
IM-TX-0055-0002 | IM-TX-0055-0003 | IM-TX-0055-0005 | IM-TX-0055-9000
Patel, Pooja R. (Texas) show/hide docs
IM-TX-0055-0002 | IM-TX-0055-0003 | IM-TX-0055-0005 | IM-TX-0055-9000
Defendant's Lawyers Wiley, Ariel Nicole (Texas) show/hide docs
IM-TX-0055-0004 | IM-TX-0055-9000

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