University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Belgrave v. Greene IM-CO-0001
Docket / Court 1:00-cv-01523-LTB ( D. Colo. )
State/Territory Colorado
Case Type(s) Immigration
Attorney Organization Legal Services/Legal Aid
Case Summary
On August 2, 2000, plaintiff, a Panamanian national facing removal proceedings, brought a habeas corpus petition pursuant to 28 U.S.C. § 2241 in the U.S. District Court District of Colorado. The government sought to deport plaintiff on account of domestic violence and drug convictions. ... read more >
On August 2, 2000, plaintiff, a Panamanian national facing removal proceedings, brought a habeas corpus petition pursuant to 28 U.S.C. § 2241 in the U.S. District Court District of Colorado. The government sought to deport plaintiff on account of domestic violence and drug convictions. Petitioner was denied bond pursuant to 8 U.S.C. § 1226(c), which required mandatory detention without a bond hearing for certain non-citizens with criminal convictions. Petitioner contended that 8 U.S.C. § 1226(c) was unconstitutional and sought a TRO and preliminary injunction ordering that he be provided with a bond hearing. Colorado Rural Legal Services, Inc. provided petitioner representation.

The District Court (Judge Lewis T. Babcock) issued a TRO on September 18, 2000 and ordered that he be provided an individualized bond hearing within 72 hours pursuant to Martinez v. Greene, 28 F. Supp. 2d 1275 (D. Colo. 1998). Petitioner then amended his complaint to seek class certification on behalf of all similarly situated detainees who had been denied bond hearings. Judge Babcock denied the request for class certification, noting that the Tenth Circuit would ultimately resolve the issue of the constitutionality of 8 U.S.C. § 1226(c) in another case, such that class certification in this case would be unnecessary. Belgrave v. Greene, 2000 U.S. Dist. LEXIS 18648 (D.Colo. Dec. 5, 2000).

The PACER docket reflects that the case dismissed as moot on February 20, 2001, presumably because petitioner had been deported to his native Panama.

Dan Dalton - 11/13/2007


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Issues and Causes of Action
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Issues
General
Habeas Corpus
Plaintiff Type
Private Plaintiff
Causes of Action Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Defendant(s) Immigration and Naturalization Service
Plaintiff Description An immigrant held by the INS in mandatory detention without an opportunity for an individualized bond hearing
Indexed Lawyer Organizations Legal Services/Legal Aid
Class action status sought Yes
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2000
Case Ongoing No
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
1:00-cv-01523-LTB (D. Colo.) 02/20/2001
IM-CO-0001-9000.pdf | Detail
General Documents
Opinion 12/05/2000 (2000 WL 35526417 / 2000 U.S.Dist.LEXIS 18648) (D. Colo.)
IM-CO-0001-0001.pdf | WESTLAW| LEXIS | Detail
Judges Babcock, Lewis Thornton (D. Colo.)
IM-CO-0001-0001 | IM-CO-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Mortland, Michael Ross (Colorado)
IM-CO-0001-0001 | IM-CO-0001-9000
Defendant's Lawyers Hegarty, Michael E. (Colorado)
IM-CO-0001-0001 | IM-CO-0001-9000
Other Lawyers None on record

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