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Case Name Amaya-Cruz v. Adducci IM-OH-0007
Docket / Court 1:20-cv-00789 ( N.D. Ohio )
State/Territory Ohio
Case Type(s) Immigration and/or the Border
Special Collection COVID-19 (novel coronavirus)
Attorney Organization ACLU Affiliates (any)
NDRN/Protection & Advocacy Organizations
Case Summary
COVID-19 Summary: This habeas action was filed on April 10, 2020 by four medically vulnerable Immigration and Customs Enforcement detainees at the Geauga and Seneca County Jails, seeking release from detention in light of COVID-19. On April 13, the plaintiffs filed an amended petition, adding six ... read more >
COVID-19 Summary: This habeas action was filed on April 10, 2020 by four medically vulnerable Immigration and Customs Enforcement detainees at the Geauga and Seneca County Jails, seeking release from detention in light of COVID-19. On April 13, the plaintiffs filed an amended petition, adding six new similarly situated plaintiffs. In April 2020, the Court granted preliminary relief and ordered the release of three of the original plaintiffs, while it denied relief for the remaining plaintiffs.


Four medically vulnerable Immigration and Customs Enforcement ("ICE") detainees filed this petition for writ of habeas corpus and complaint for injunctive and declaratory relief in the United States District Court for the Northern District of Ohio on April 10, 2020. The plaintiffs claimed that their continued detainment in light of the COVID-19 pandemic violated their Fifth Amendment substantive due process rights by subjecting them to punishment without a conviction. As a remedy, the plaintiffs requested release to home confinement. The case was assigned to Judge Dan Aaron Polster.

On the same day the case was filed, the plaintiffs also filed a motion for a temporary restraining order ("TRO"). On April 13, the plaintiffs filed an amended petition for writ of habeas corpus and an amended complaint, adding six new similarly situated plaintiffs to the case. On the same day, the plaintiffs filed a second motion for a TRO. The Court held a hearing on April 16, 2020, in which it decided to address the first TRO only. Because the Court determined that three of the four original plaintiffs did not demonstrate that they were at high risk for contracting COVID-19, the Court denied the TRO regarding those plaintiffs. However, the Court did find that one of the original plaintiffs was a particularly high-risk individual susceptible to severe health complications if he contracted the virus. As to this plaintiff, the Court reserved ruling on the first TRO.

On April 18, 2020, the Court granted the first TRO for one plaintiff. 2020 WL 1903123. The Court found that this plaintiff's HIV-positive status and number of other serious medical conditions rendered him a high-risk individual for become severely ill from COVID-19. The Court also noted that it would be nearly impossible for the plaintiff to socially distance while remaining detained. Taking these findings together, the Court concluded that keeping the plaintiff in detention during the pandemic violated his Fifth Amendment right to due process and therefore granted the first TRO as to him. The Court ordered the immediate release of this plaintiff to his sister's home and ordered the plaintiff to quarantine for fourteen days.

On the same day the Court granted the TRO in part, the defendants moved to clarify the order, requesting that the Court permit ICE to require the released plaintiff to wear an ankle monitor. The defendants also asked whether the released plaintiff would be required to stay with his sister after the quarantine period and whether ICE could re-arrest him after the TRO expiration. On April 20, the Court held a telephonic hearing in which it declined to impose GPS monitoring. The Court set a hearing date of August 20 to address the subject of how long plaintiff may stay with his sister before being re-detained.

On April 23, 2020, the Court held another hearing after the defendants informed the Court that it released two of the plaintiffs who are subjects of the second TRO motion. The defendants required that the plaintiffs wear ankle bracelets, which plaintiffs objected to. The Court overruled the plaintiffs objections but noted that it would require the bracelet be removed if necessary for medical treatment. Noting that the three remaining plaintiffs from the second TRO have similar medical conditions to those already released, the Court directed that counsel confer about conditions that they can agree on for the release of the remaining plaintiffs.

On April 27, the Court held a telephonic hearing on the second motion for TRO. After balancing the five remaining plaintiffs' medical records, criminal and immigration histories, danger to the community and possibility of flight risk, the Court denied the motion as to these plaintiffs. On April 30, the Court held another hearing and granted the second TRO for two of the original plaintiffs. The Court ordered immediate release along with GPS monitoring and monthly telephonic reporting.

The case is now closed.

Nicholas Gillan - 09/26/2021


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process: Substantive Due Process
Content of Injunction
Preliminary relief denied
Preliminary relief granted
COVID-19
Release Granted
Release granted-group
Release Requested
Crowding
Crowding / caseload
Defendant-type
Corrections
Disability
disability, unspecified
General
Habeas Corpus
Sanitation / living conditions
Immigration/Border
Detention - conditions
Detention - procedures
Plaintiff Type
Private Plaintiff
Special Case Type
Habeas
Type of Facility
Government-run
Causes of Action Ex Parte Young (Federal) or Bivens
Habeas Corpus, 28 U.S.C. ยงยง 2241-2253; 2254; 2255
Defendant(s) Detroit District of U.S. Immigration & Customs Enforcement
U.S. Department of Homeland Security
U.S. Department of Justice
U.S. Immigration & Customs Enforcement
Plaintiff Description Four medically vulnerable immigration detainees
Indexed Lawyer Organizations ACLU Affiliates (any)
NDRN/Protection & Advocacy Organizations
Class action status sought No
Class action status outcome Not sought
Filed Pro Se No
Prevailing Party Mixed
Public Int. Lawyer Yes
Nature of Relief Habeas relief
Source of Relief Litigation
Filed 04/10/2020
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)
Court Docket(s)
N.D. Ohio
09/01/2021
1:20-cv-00789-DAP
IM-OH-0007-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
N.D. Ohio
04/18/2020
Opinion and Order [ECF# 34] (2020 WL 1903123)
IM-OH-0007-0001.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Ohio
04/18/2020
Amended Opinion and Order [ECF# 35]
IM-OH-0007-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Ohio
04/21/2020
4/20/2020 Hearing Minutes, Ruling, and Scheduling Order [ECF# 40]
IM-OH-0007-0003.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Ohio
05/01/2020
Judgment Entry [ECF# 55]
IM-OH-0007-0004.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Polster, Dan A. (N.D. Ohio) show/hide docs
IM-OH-0007-0001 | IM-OH-0007-0002 | IM-OH-0007-0003 | IM-OH-0007-0004 | IM-OH-0007-9000
Plaintiff's Lawyers Balakrishnan, Anand V. (New York) show/hide docs
IM-OH-0007-9000
Bonham, Elizabeth (Ohio) show/hide docs
IM-OH-0007-9000
Chevrier, Claire D (Ohio) show/hide docs
IM-OH-0007-9000
Gadsden, Katherin W (New York) show/hide docs
IM-OH-0007-9000
Jadwat, Omar C. (New York) show/hide docs
IM-OH-0007-9000
Jaffe, Peter (District of Columbia) show/hide docs
IM-OH-0007-9000
Levenson, Freda J. (Ohio) show/hide docs
IM-OH-0007-9000
Ngo, My Khanh (California) show/hide docs
IM-OH-0007-9000
O'Loughlin, Robert Joseph III (New York) show/hide docs
IM-OH-0007-9000
Rhee, Jeannie S. (District of Columbia) show/hide docs
IM-OH-0007-9000
Shik, Oleg (New York) show/hide docs
IM-OH-0007-9000
Silberstein-Loeb, Jonathan M (New York) show/hide docs
IM-OH-0007-9000
Tan, Michael K. T. (New York) show/hide docs
IM-OH-0007-9000
Defendant's Lawyers Buck, Lynne Haddad (Ohio) show/hide docs
IM-OH-0007-9000
Johnson, Lisa Hammond (Ohio) show/hide docs
IM-OH-0007-9000

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