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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