University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Codner v. Choate IM-CO-0013
Docket / Court 1:20-cv-01050 ( D. Colo. )
State/Territory Colorado
Case Type(s) Immigration and/or the Border
Special Collection COVID-19 (novel coronavirus)
Attorney Organization National Immigration Project of the NLG
Case Summary
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 ... read more >
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 on May 27, and the case is currently on appeal in the Tenth Circuit.


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 plaintiff's 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 to the Tenth Circuit on July 21 and the case remains ongoing.
The case is ongoing.

Caitlin Kierum - 04/19/2020


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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
Crowding
Crowding / caseload
Defendant-type
Corrections
General
Bathing and hygiene
Conditions of confinement
Habeas Corpus
Sanitation / living conditions
Totality of conditions
Immigration/Border
Constitutional rights
Detention - conditions
Detention - criteria
Refugees
Undocumented immigrants - rights and duties
Medical/Mental Health
COVID-19 Release Denied
COVID-19 Release Requested
Plaintiff Type
Private Plaintiff
Special Case Type
Habeas
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
Ex parte Young (federal or state officials)
Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Defendant(s) Immigration and Customs Enforcement
Plaintiff Description Immigrants detained in the Aurora Contract Detention Facility
Indexed Lawyer Organizations National Immigration Project of the NLG
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Filed 04/14/2020
Case Ongoing Yes
Additional Resources
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Docket(s)
1:20-cv-01050 (D. Colo.)
IM-CO-0013-9000.pdf | Detail
Date: 07/22/2020
Source: PACER [Public Access to Court Electronic Records]
General Documents
Petition for a Writ of Habeas Corpus and Complaint for Injunctive and Declaratory Relief [ECF# 1]
IM-CO-0013-0001.pdf | Detail
Date: 04/14/2020
Petitioners' Motion for Temporary Restraining Order [ECF# 2]
IM-CO-0013-0002.pdf | Detail
Date: 04/14/2020
Order [ECF# 31] (D. Colo.)
IM-CO-0013-0003.pdf | Detail
Date: 05/27/2020
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Brimmer, Philip A. (D. Colo.) show/hide docs
IM-CO-0013-0003 | IM-CO-0013-9000
Plaintiff's Lawyers Alrabe, Khaled (Massachusetts) show/hide docs
IM-CO-0013-0001 | IM-CO-0013-0002 | IM-CO-0013-9000
Boyd, Adrienne D. (Colorado) show/hide docs
IM-CO-0013-0001 | IM-CO-0013-0002 | IM-CO-0013-9000
Custer, Kathleen K. (Colorado) show/hide docs
IM-CO-0013-0001 | IM-CO-0013-0002
Grey, Sarah (Colorado) show/hide docs
IM-CO-0013-0001 | IM-CO-0013-0002
Lunn, Laura Patricia (Colorado) show/hide docs
IM-CO-0013-0001 | IM-CO-0013-0002 | IM-CO-0013-9000
Macdonald, Timothy R. (Colorado) show/hide docs
IM-CO-0013-0001 | IM-CO-0013-0002 | IM-CO-0013-9000
Qureshi, Amber (District of Columbia) show/hide docs
IM-CO-0013-0001 | IM-CO-0013-0002 | IM-CO-0013-9000
Shebaya, Sirine (District of Columbia) show/hide docs
IM-CO-0013-0001 | IM-CO-0013-0002 | IM-CO-0013-9000
Defendant's Lawyers Ellis, Laura J. (Colorado) show/hide docs
IM-CO-0013-9000
Kellogg, Ian (Colorado) show/hide docs
IM-CO-0013-9000

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