University of Michigan Law School
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Case Name C.G.B. v. Wolf IM-DC-0073
Docket / Court 1:20-cv-01072 ( D.D.C. )
State/Territory District of Columbia
Case Type(s) Immigration and/or the Border
Special Collection COVID-19 (novel coronavirus)
Case Summary
COVID-19 Summary: A group of transgender people in civil immigration detention requested an injunction ordering supervised release of all transgender people in immigration detention in light of the COVID-19 pandemic. The court denied the motion for TRO on June 2, 2020. On January 6, 2021, the case ... read more >
COVID-19 Summary: A group of transgender people in civil immigration detention requested an injunction ordering supervised release of all transgender people in immigration detention in light of the COVID-19 pandemic. The court denied the motion for TRO on June 2, 2020. On January 6, 2021, the case was dismissed upon parties' stipulation of dismissal.


On April 23, 2020, a group of transgender people in civil immigration detention filed this class action complaint and petition for a writ of mandamus in the U.S. District Court for the District of Columbia. Represented by the Transgender Law Center and the Rapid Defense Network, along with private counsel, the plaintiffs sued the U.S. Department of Homeland Security and the Attorney General of the United States. They requested an injunction ordering supervised release of all transgender people in immigration detention. The plaintiffs argued that Immigrations and Customs Enforcement (ICE) did not provide sufficient measures to curb the spread of COVID-19 in its facilities and that transgender individuals are particularly vulnerable to infection because they are more likely to have underlying health conditions like HIV, diabetes, and high blood pressure.

Specifically, the plaintiffs alleged that by subjecting them to a higher risk of infection, the defendants failed to ensure their safety and health and held them in conditions amounting to punishment in violation of their substantive due process rights. They also claimed that by continuing to refuse to establish and implement policies and procedures to prevent the transmission of COVID-19, the defendants acted arbitrarily and capriciously and abused their discretion in violation of the APA. The case was assigned to Judge Christopher R. Cooper.

On May 1, 2020, the plaintiffs filed a motion for a temporary restraining order in addition to a permanent injunction. On May 5, 2020, the plaintiffs filed a motion for class certification, for a class consisting of all transgender people in civil immigration detention who are held, or who will be held, in any ICE detention center or facility across the country during the pendency of the COVID-19 pandemic. On May 11, they also sought to join two new plaintiffs.

On June 2, the district court denied the plaintiffs' motion for TRO, finding that ICE had taken steps to contain the virus in detention facilities. 2020 WL 2935111. The court also denied the plaintiffs' motion for class certification, limiting the case to the named plaintiffs.

The defendants moved to dismiss the case on July 31. They claimed that most of the named plaintiffs were released from detention or removed, with only three remaining, rendering their claims moot. For the remaining plaintiffs, they argued that the plaintiffs failed to state a claim under the APA and for a writ of mandamus.

On August 14, 2020, the plaintiffs submitted an amended complaint with additional requests for relief. In the amended complaint, the plaintiffs sought an order requiring the defendants to issue an ICE bond for all plaintiffs and class members pending the completion of these proceedings. They further sought an order requiring ICE to incorporate the model procedures outlined in the 2015 Transgender Care Memorandum, claiming that ICE had systematically failed to protect transgender people. They also noted that on August 14, 2020, ICE had publicly reported 4,531 confirmed cases of COVID-19 and 5 deaths, which is a significant increase from 285 reported cases in April.

The defendants sought to dismiss the amended complaint on September 18, 2020 and the plaintiffs filed their response on October 16, 2020. On January 5, 2021, the plaintiffs filed a stipulation of dismissal, and on January 6, 2021, the case was dismissed.

Hope Brinn - 04/25/2020
Averyn Lee - 09/22/2020
Zofia Peach - 02/06/2021


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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
COVID-19
Mitigation Denied
Mitigation Requested
Release Denied
Release Requested
Crowding
Crowding / caseload
Defendant-type
Corrections
Jurisdiction-wide
General
Conditions of confinement
Confinement/isolation
Gay/lesbian/transgender
Placement in detention facilities
Sanitation / living conditions
Totality of conditions
Immigration/Border
Constitutional rights
Detention - conditions
Plaintiff Type
Private Plaintiff
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Mandamus, 28 U.S.C. § 1361
Defendant(s) Attorney General of the United States
U.S. Department of Homeland Security
Plaintiff Description Transgender people in immigration detention.
Class action status sought Yes
Class action status outcome Denied
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Form of Settlement Voluntary Dismissal
Filed 04/23/2020
Case Closing Year 2021
Case Ongoing No
Additional Resources
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Court Docket(s)
D.D.C.
01/06/2021
1:20-cv-01072
IM-DC-0073-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
D.D.C.
04/23/2020
Motion for Leave to File Under Pseudonyms [ECF# 1 & 1-1]
IM-DC-0073-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
04/23/2020
Memorandum and Order [ECF# 2]
IM-DC-0073-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
04/23/2020
Emergency Verified Petition for a Writ of Mandamus and Complaint for Declaratory and Injunctive Relief [ECF# 3]
IM-DC-0073-0003.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
04/23/2020
Motion for Temporary Restraining Order [ECF# 4 (& 4-1 to 4-28)]
IM-DC-0073-0004.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
05/01/2020
Notice of Filing Redacted Exhibits [ECF# 19 (& 19-1 to 19-13)]
IM-DC-0073-0005.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
05/05/2020
Motion for Class Certification [ECF# 21 (& 21-1 to 21-5)]
IM-DC-0073-0006.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
05/05/2020
Reply Memorandum of Law in Support of Petitioners' Motion for a Temporary Restraining Order [ECF# 22 (& 22-6 to 22-8)]
IM-DC-0073-0007.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
05/11/2020
Respondents' Memorandum of Points and Authorities in Opposition to Petitioners' Motion for Class Certification [ECF# 32]
IM-DC-0073-0008.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
05/13/2020
Reply Memorandum of Law in Further Support of Petitioners' Motion for Class Certification [ECF# 35]
IM-DC-0073-0009.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
05/14/2020
Response to Respondents' Supplement to Record Concerning Fraihat [ECF# 36]
IM-DC-0073-0010.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
06/02/2020
Memorandum Opinion [ECF# 42] (464 F.Supp.3d 174)
IM-DC-0073-0011.pdf | WESTLAW| LEXIS | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
07/31/2020
Motion to Dismiss [ECF# 57 & 57-1]
IM-DC-0073-0012.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
08/14/2020
Amended Complaint [ECF# 60]
IM-DC-0073-0013.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
01/05/2021
Stipulation of Dismissal [ECF# 65]
IM-DC-0073-0014.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Cooper, Christopher Reid (D.D.C.) show/hide docs
IM-DC-0073-0011 | IM-DC-0073-9000
Howell, Beryl Alaine (D.D.C.) show/hide docs
IM-DC-0073-0002
Plaintiff's Lawyers Copeland, Gregory Paul (New York) show/hide docs
IM-DC-0073-0001 | IM-DC-0073-0004 | IM-DC-0073-0005 | IM-DC-0073-0006 | IM-DC-0073-0007 | IM-DC-0073-0009 | IM-DC-0073-0010 | IM-DC-0073-0014 | IM-DC-0073-9000
Egyes, Lynly S. (California) show/hide docs
IM-DC-0073-0001 | IM-DC-0073-0004 | IM-DC-0073-0005 | IM-DC-0073-0006 | IM-DC-0073-0007 | IM-DC-0073-0009 | IM-DC-0073-0010 | IM-DC-0073-0014 | IM-DC-0073-9000
Gillman, Sarah Telo (New York) show/hide docs
IM-DC-0073-0001 | IM-DC-0073-0004 | IM-DC-0073-0005 | IM-DC-0073-0006 | IM-DC-0073-0007 | IM-DC-0073-0009 | IM-DC-0073-0010 | IM-DC-0073-0014 | IM-DC-0073-9000
John, Leslie (Pennsylvania) show/hide docs
IM-DC-0073-0001 | IM-DC-0073-0004 | IM-DC-0073-0005 | IM-DC-0073-0006 | IM-DC-0073-0007 | IM-DC-0073-0009 | IM-DC-0073-0010 | IM-DC-0073-0014 | IM-DC-0073-9000
Kelley, Matthew E. (District of Columbia) show/hide docs
IM-DC-0073-0001 | IM-DC-0073-0003 | IM-DC-0073-0004 | IM-DC-0073-0005 | IM-DC-0073-0006 | IM-DC-0073-0007 | IM-DC-0073-0009 | IM-DC-0073-0010 | IM-DC-0073-0013 | IM-DC-0073-0014 | IM-DC-0073-9000
Levy, Alexa (Pennsylvania) show/hide docs
IM-DC-0073-0001 | IM-DC-0073-0004 | IM-DC-0073-0005 | IM-DC-0073-0006 | IM-DC-0073-0007 | IM-DC-0073-0009 | IM-DC-0073-0010 | IM-DC-0073-0014 | IM-DC-0073-9000
Weissert, Elizabeth (Pennsylvania) show/hide docs
IM-DC-0073-0001 | IM-DC-0073-0004 | IM-DC-0073-0005 | IM-DC-0073-0006 | IM-DC-0073-0007 | IM-DC-0073-0009 | IM-DC-0073-0010 | IM-DC-0073-0014 | IM-DC-0073-9000
Defendant's Lawyers Shea, Timothy J (District of Columbia) show/hide docs
IM-DC-0073-0008
Sherwin, Michael R. (District of Columbia) show/hide docs
IM-DC-0073-0012 | IM-DC-0073-0014
Tepe, Sean Michael (District of Columbia) show/hide docs
IM-DC-0073-0008 | IM-DC-0073-0012 | IM-DC-0073-0014 | IM-DC-0073-9000
Van Horn, Daniel F (District of Columbia) show/hide docs
IM-DC-0073-0008 | IM-DC-0073-0012 | IM-DC-0073-0014

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