University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Reina Moran v. U.S. Department of Homeland Security IM-CA-0175
Docket / Court 5:20-cv-00696 ( C.D. Cal. )
State/Territory California
Case Type(s) Immigration and/or the Border
Special Collection COVID-19 (novel coronavirus)
Case Summary
COVID-19 Summary: This is a habeas petition brought on behalf of three immigrant detainees confined in detention centers in California. The plaintiffs were granted temporary restraining orders and released from detention. A motion for preliminary injunction remains under submission pending the ... read more >
COVID-19 Summary: This is a habeas petition brought on behalf of three immigrant detainees confined in detention centers in California. The plaintiffs were granted temporary restraining orders and released from detention. A motion for preliminary injunction remains under submission pending the resolution of two related cases.


On April 4, 2020, three immigrant detainees filed this lawsuit in the U.S. District Court for the Central District of California against the U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, and Adelanto Detention Center. Represented by private counsel, the petitioners sought writs of habeas corpus under 28 U.S.C. § 2241. On April 5, the plaintiffs filed an ex parte application for a temporary restraining order (TRO), requesting their release. The plaintiffs alleged that the conditions of confinement during the COVID-19 pandemic were unconstitutional. The Clearinghouse does not have access to either the petition or application at this time. The case was assigned to Judge Terry J Hatter, Jr. and Magistrate Judge John D. Early.

The defendants responded to the application for TRO on April 8, and on April 9, the court granted TROs ordering the defendants to release two of the plaintiffs from custody and show cause as to why the court should not issue a preliminary injunction. The TROs were scheduled to expire in 14 days, on April 23, 2020. On April 10, the court issued another TRO, ordering the release of the third plaintiff from custody. The TRO was scheduled to expire in 14 days, on April 24, 2020.

On April 14, the plaintiffs moved to certify class. On April 17, the defendants filed oppositions to each preliminary injunction. On April 22, the court extended all three TROs for an additional 14 days, until May 7 and May 8, 2020, respectively. The court issued a partial stay order on April 24, 2020, staying the Fifth Amendment Due Process claim and ordering that the plaintiffs remain released until resolution of a related case in which a preliminary injunction was issued Roman v. Wolf (IM-CA-0161).

On April 27, 2020, the case was reassigned to Judge David O. Carter, and on May 11, the plaintiffs filed an amended petition. The Clearinghouse does not have access to this document at this time.

On June 8, 2020, the plaintiffs filed a renewed motion to certify class and a motion for preliminary injunction, and the court denied the initial motion to certify class as moot. On June 16, a related case (docket no. 5:20-cv-01136) was consolidated with the present case. The defendants moved to dismiss the case on June 29 and parties attended a hearing on August 24. The motion for preliminary injunction was to remain under submission pending the outcome of Roman and the related case.

On September 20, 2020, the plaintiffs filed an emergency notice of COVID-19 outbreak at a detention facility requesting relief, and on September 22, the court denied the request for relief. This case is ongoing.

Zofia Peach - 02/06/2021


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Due Process: Substantive Due Process
Content of Injunction
Preliminary relief denied
Preliminary relief granted
Defendant-type
Jurisdiction-wide
Law-enforcement
General
Bathing and hygiene
Conditions of confinement
Habeas Corpus
Sanitation / living conditions
Totality of conditions
Immigration/Border
Detention - conditions
Medical/Mental Health
COVID-19 Mitigation Denied
COVID-19 Mitigation Granted
COVID-19 Mitigation Requested
COVID-19 Release Granted
COVID-19 Release Requested
Plaintiff Type
Private Plaintiff
Special Case Type
Habeas
Type of Facility
Non-government for profit
Causes of Action Ex parte Young (federal or state officials)
Ex Parte Young (Federal) or Bivens
Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Defendant(s) Adelanto Detention Center
U.S. Department of Homeland Security
U.S. Immigration and Customs Enforcement
Class action status sought Yes
Class action status granted Pending
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief Preliminary injunction / Temp. restraining order
Habeas relief
Source of Relief None yet
Filed 04/04/2020
Case Ongoing Yes
Case Listing IM-CA-0161 : Roman v. Wolf (C.D. Cal.)
Court Docket(s)
C.D. Cal.
11/09/2020
5:20-cv-00696-DOC-JDE
IM-CA-0175-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
C.D. Cal.
04/10/2020
Temporary Restraining Order and Order to Show Cause [ECF# 23]
IM-CA-0175-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Carter, David O. (C.D. Cal.) show/hide docs
IM-CA-0175-9000
Early, John D Court not on record [Magistrate] show/hide docs
IM-CA-0175-9000
Hatter, Terry J. Jr. (C.D. Cal.) show/hide docs
IM-CA-0175-0001
Plaintiff's Lawyers Cheung, Kit W. (California) show/hide docs
IM-CA-0175-9000
Glazer, Larry R. (California) show/hide docs
IM-CA-0175-9000
Glazer, Nicolette (California) show/hide docs
IM-CA-0175-9000
Defendant's Lawyers Masetta−Alvarez, Katelyn (District of Columbia) show/hide docs
IM-CA-0175-9000
Moran, Courtney Elizabeth (District of Columbia) show/hide docs
IM-CA-0175-9000
Osinoff, Joanne S (California) show/hide docs
IM-CA-0175-9000

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