COVID-19 Summary: This is a habeas action filed by immigrants in detention at the Aurora Contract Detention Facility in Colorado seeking release from detention in light of COVID-19. The plaintiffs alleged that they were particularly vulnerable to the virus due to underlying medical conditions. The court denied the TRO and dismissed the petition for habeas corpus on May 27. The plaintiffs appealed to the Tenth Circuit, but the plaintiffs later moved to dismiss the appeal. The Tenth Circuit dismissed the appeal on November 17.
On April 14, 2020, a group of immigrants in detention filed a lawsuit against Immigrations and Customs Enforcement ("ICE"), the warden of Aurora Contract Detention Facility, and two ICE officials in the U.S. District Court for the District Court of Colorado. Represented by Arnold & Porter, the National Immigration Project of the National Lawyers Guild, and the Rocky Mountain Immigrant Advocacy Network, the petitioners sought writs of habeas corpus under 28 U.S.C. § 2241. The plaintiffs also sought, in the alternative, injunctive relief. They immediately filed a motion for a temporary restraining order.
The case was assigned to Magistrate Judge Kristen L. Mix and Chief Judge Philip A. Brimmer.
The defendants filed a response in opposition to the temporary restraining order on April 21, and the plaintiffs replied on April 23. However, the Clearinghouse does not have access to these documents.
On May 27, Judge Brimmer denied the plaintiffs' motion for temporary restraining order and dismissed the case. Judge Brimmer stated that the plaintiffs could not make a conditions of confinement claim through a habeas petition, and that the plaintiffs had not shown a likelihood of success of proving their claims.
The plaintiffs appealed the denial of the temporary restraining order to the Tenth Circuit on July 21. On November 17, 2020, the Tenth Circuit granted a motion to dismiss made by the plaintiffs.
The case is now closed.
Caitlin Kierum - 04/19/2020
Nicholas Gillan - 02/26/2021
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