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Case Name Coreas v. Bounds IM-MD-0016
Docket / Court 8:20-cv-00780 ( D. Md. )
State/Territory Maryland
Case Type(s) Immigration and/or the Border
Special Collection COVID-19 (novel coronavirus)
Attorney Organization ACLU Chapters (any)
ACLU Immigrants' Rights Project
ACLU National Prison Project
National Immigration Project of the NLG
Case Summary
COVID-19 Summary: This is a habeas action filed by immigration detainees in ICE facilities in Maryland, seeking release from detention. The detainees claimed their underlying medical conditions made them particularly vulnerable to serious illness or death from COVID-19. The court granted ... read more >
COVID-19 Summary: This is a habeas action filed by immigration detainees in ICE facilities in Maryland, seeking release from detention. The detainees claimed their underlying medical conditions made them particularly vulnerable to serious illness or death from COVID-19. The court granted preliminary injunctions on April 30 and May 7, ordering the release of several detainees. Additionally, on September 18, the court granted the petitioner's motion for class certification.


On March 24, 2020, immigration detainees detained in Immigration and Customs Enforcement (ICE) facilities in Maryland brought this action in the U.S. District Court for the District of Maryland. Represented by the National Immigration Project of the National Lawyers Guild, Capital Area Immigrants' Rights Coalition, the American Civil Liberties Union (ACLU) of Maryland, and the ACLU's National Prison Project and Immigrants' Rights Project, the detainees brought this action against ICE, the ICE Baltimore Field Office, the Worcester County Detention Center, and the Howard County Department of Corrections. Suing under 28 U.S.C. § 2241 (the federal habeas statute), and the Rehabilitation Act, 29 U.S.C. § 701 et seq, the plaintiffs alleged violations of their Fifth Amendment rights. Specifically, they alleged that because they had underlying medical conditions, their continued detention was unconstitutional and in violation of the Rehabilitation Act because it put them at a higher risk of serious illness or death from COVID-19. The plaintiffs sought declaratory relief and release from detention. The case was assigned to Judge Theodore D. Chuang.

The detainees simultaneously filed a motion for temporary restraining order, seeking their immediate release from custody. The motion was denied on April 3, 2020, stating that the detainees could renew their motion in the event that a detainee or staff member at the Howard County Detention Center (HCDC) or Worcester County Detention Center (WCDC) tested positive for COVID-19, or if the defendants failed to file a Testing Certification by April 8. 451 F.Supp.3d 407.

The detainees filed an amended complaint and a second emergency motion for temporary restraining order on April 26, 2020 seeking release for detainees in HCDC and WCDC. The court denied the temporary restraining order on April 27 for mainly procedural reasons, stating the current case management plan only allowed for a renewed motion for relief as to HCDC, and that relief for detainees in WCDC would require the detainees to file a notice of intent first.

That same day the detainees filed a motion for a preliminary injunction to release the named plaintiff from HCDC, and on April 28, the detainees from WCDC filed a separate motion for preliminary injunction. The court granted the motion as to the HCDC plaintiff on April 30. 457 F.Supp.3d 460. On May 7, the court granted another preliminary injunction, releasing several detainees from WCDC.

The detainees filed an amended complaint on May 29, adding additional named plaintiffs, then on June 19, they filed a motion to certify the class.

On July 1, 2020, the court consolidated this case with Mansaray v. Kavanaugh(20-cv-01304-TDC), a habeas case brought by a petitioner seeking release from immigrant detention on similar grounds.

The defendants appealed the preliminary injunction as to the detainee from HCDC on June 26 (USCA 20-6984). The defendants had additionally appealed the preliminary injunction as to the WCDC detainees on July 6 (USCA 20-7005) and the Fourth Circuit consolidated that appeal with Cedillo v. Bounds (8:20-cv-00780-TDC) on July 8. The Fourth Circuit dismissed these appeals on September 30, 2020.

Back in the District Court on September 18, 2020, Judge Chuang granted in part and denied in part the June 19 motion for class certification. The court approved two subclasses: (1) the "Howard County Subclass" defined as "All persons who are or will in the future be in ICE detention at the Howard County Detention Center who are age 50 or older or who have medical conditions that place them at heightened risk of severe illness or death from COVID-19;" and (2), a "Worcester County Subclass" defined as "All persons who are or will in the future be in ICE detention at the Worcester County Detention Center who are age 50 or older or who have medical conditions that place them at heightened risk of severe illness or death from COVID-19." However, the court denied the petitioner's request that the court hold expedited bail hearings for class members. The court reasoned that due to the reduced numbers of ICE detainees in the Detention Facilities, improved mitigation measures, and test results showing no cases among ICE detainees and limited numbers of positive tests among staff, it couldn't find that exceptional circumstances required bail hearings as the only way to protect the petitioners' health and safety. 2020 WL 5593338.

In light of a growing number of positive tests, the petitioners renewed their motion for expedited bail hearings, asserting unconstitutional conditions of confinement. They argued that respondents' efforts to address COVID-19 failed to protect the petitioners from a known threat to their health and safety and that the plaintiffs' confinement was impermissible because they are civil detainees, not convicted criminal prisoners. Judge Chuang denied the plaintiffs' motion on January 26, 2021. The court determined that the petitioners did not have a high probability of success in establishing that the respondents acted with deliberate indifference to the health and safety of the plaintiffs. The court found that the HCDC's recent measures to combat COVID-19 spread, including increased testing, the distribution of N-95 masks, and the offering of vaccination to all detainees, constituted a reasonable response to the detainees' health concerns. The court also found that the respondents' offer of vaccinations undermined the claim of impermissible punishment. The court concluded that the petitioners failed to identify any specific exceptional circumstances warranting bail determinations for all high-risk ICE detainees. 2021 WL 252718

The case is ongoing.

Caitlin Kierum - 07/08/2020
Lily Sawyer-Kaplan - 10/18/2020
Nicholas Gillan - 02/19/2021


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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 granted
Crowding
Crowding / caseload
Disability
disability, unspecified
General
Bathing and hygiene
Conditions of confinement
Reasonable Accommodations
Immigration/Border
Constitutional rights
Detention - conditions
Medical/Mental Health
COVID-19 Release Granted
COVID-19 Release Requested
Medical care, general
Plaintiff Type
Private Plaintiff
Special Case Type
Habeas
Type of Facility
Government-run
Causes of Action Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Defendant(s) U.S. Immigration and Customs Enforcement
Plaintiff Description (1) "All persons who are or will in the future be in ICE detention at the Howard County Detention Center who are age 50 or older or who have medical conditions that place them at heightened risk of severe illness or death from COVID-19;" and (2) "All persons who are or will in the future be in ICE detention at the Worcester County Detention Center who are age 50 or older or who have medica
Indexed Lawyer Organizations ACLU Chapters (any)
ACLU Immigrants' Rights Project
ACLU National Prison Project
National Immigration Project of the NLG
Class action status sought Yes
Class action status granted Pending
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Habeas relief
None
Source of Relief Litigation
None yet
Filed 03/24/2020
Case Ongoing Yes
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  Coreas v. Bounds: COVID19 Habeas Petition
National Immigration Project
Date: 2020
By: National Immigration Project
[ Detail ] [ External Link ]

  Coreas v. Bounds
American Civil Liberties Union
Date: Mar. 27, 2020
By: American Civil Liberties Union
[ Detail ] [ External Link ]

Court Docket(s)
D. Md.
02/12/2020
8:20-cv-00780
IM-MD-0016-9001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
D. Md.
03/24/2020
Petition for a Writ of Habeas Corpus and Complaint for Injunctive and Declaratory Relief [ECF# 1]
IM-MD-0016-0006.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Md.
03/24/2020
Plaintiffs' Memorandum of Law in Support of Motion For a Temporary Restraining Order [ECF# 2-1]
IM-MD-0016-0007.pdf | Detail
Source: ACLU
D. Md.
04/03/2020
Memorandum Opinion [ECF# 56] (451 F.Supp.3d 407)
IM-MD-0016-0003.pdf | WESTLAW| LEXIS | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Md.
04/03/2020
Order [ECF# 57]
IM-MD-0016-0009.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Md.
04/27/2020
Order [ECF# 74]
IM-MD-0016-0010.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Md.
04/27/2020
Petitioner-Plaintiff Coreas's Memorandum of Law in Support of His Motion for a Preliminary Injunction [ECF# 76-1]
IM-MD-0016-0004.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Md.
04/27/2020
First Amended Petition for a Writ of Habeas Corpus and Complaint for Injunctive and Declaratory Relief [ECF# 78]
IM-MD-0016-0005.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Md.
04/30/2020
Memorandum Order [ECF# 87] (457 F.Supp.3d 460)
IM-MD-0016-0001.pdf | WESTLAW| LEXIS | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Md.
05/04/2020
Order [ECF# 91]
IM-MD-0016-0011.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Md.
05/07/2020
Memorandum Opinion [ECF# 93] (2020 WL 2292747)
IM-MD-0016-0002.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Md.
05/07/2020
Order [ECF# 94]
IM-MD-0016-0012.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Md.
09/18/2020
Memorandum Opinion [ECF# 193] (2020 WL 5593338)
IM-MD-0016-0013.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Md.
01/26/2021
Memorandum Opinion [ECF# 300] (2021 WL 252718)
IM-MD-0016-0014.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Chuang, Theodore David (D. Mass., D. Md.) show/hide docs
IM-MD-0016-0001 | IM-MD-0016-0002 | IM-MD-0016-0003 | IM-MD-0016-0009 | IM-MD-0016-0010 | IM-MD-0016-0011 | IM-MD-0016-0012 | IM-MD-0016-0013 | IM-MD-0016-0014 | IM-MD-0016-9001
Plaintiff's Lawyers Appelbaum, Adina Bassim (District of Columbia) show/hide docs
IM-MD-0016-0004 | IM-MD-0016-0005 | IM-MD-0016-0006 | IM-MD-0016-0007 | IM-MD-0016-9001
Cho, Eunice (District of Columbia) show/hide docs
IM-MD-0016-0004 | IM-MD-0016-0005 | IM-MD-0016-0006 | IM-MD-0016-0007 | IM-MD-0016-9001
Fathi, David Cyrus (District of Columbia) show/hide docs
IM-MD-0016-0004 | IM-MD-0016-0005 | IM-MD-0016-0006 | IM-MD-0016-0007 | IM-MD-0016-9001
Green, Brian Scott (California) show/hide docs
IM-MD-0016-9001
Hoidra, Sharareh Borhani (Maryland) show/hide docs
IM-MD-0016-9001
Jadwat, Omar C. (New York) show/hide docs
IM-MD-0016-0004 | IM-MD-0016-0005 | IM-MD-0016-0006 | IM-MD-0016-0007 | IM-MD-0016-9001
Kang, Stephen B. (California) show/hide docs
IM-MD-0016-0004 | IM-MD-0016-0005 | IM-MD-0016-0006 | IM-MD-0016-0007 | IM-MD-0016-9001
Qureshi, Amber (Maryland) show/hide docs
IM-MD-0016-0004 | IM-MD-0016-0005 | IM-MD-0016-0006 | IM-MD-0016-0007 | IM-MD-0016-9001
Shebaya, Sirine (District of Columbia) show/hide docs
IM-MD-0016-0004 | IM-MD-0016-0005 | IM-MD-0016-0006 | IM-MD-0016-0007 | IM-MD-0016-9001
Steiner, Nicholas Taichi (Maryland) show/hide docs
IM-MD-0016-0004 | IM-MD-0016-0005 | IM-MD-0016-0006 | IM-MD-0016-0007 | IM-MD-0016-9001
Tan, Michael K. T. (New York) show/hide docs
IM-MD-0016-0004 | IM-MD-0016-0005 | IM-MD-0016-0006 | IM-MD-0016-0007 | IM-MD-0016-9001
Vogel, Matthew Scott (District of Columbia) show/hide docs
IM-MD-0016-0004 | IM-MD-0016-0005 | IM-MD-0016-0006 | IM-MD-0016-0007 | IM-MD-0016-9001
Defendant's Lawyers Kuc, Gary W (Maryland) show/hide docs
IM-MD-0016-9001
LeDuc, Vickie (Maryland) show/hide docs
IM-MD-0016-9001
Leslie, Roscoe R (Maryland) show/hide docs
IM-MD-0016-9001
Marzullo, Kelly M (Maryland) show/hide docs
IM-MD-0016-9001
Peltzman, Cynthia G. (Maryland) show/hide docs
IM-MD-0016-9001
Ruzzi, Louis P (Maryland) show/hide docs
IM-MD-0016-9001
Vaccarella, Vincent J (Maryland) show/hide docs
IM-MD-0016-9001
Other Lawyers Buergel, Susanna M. (New York) show/hide docs
IM-MD-0016-9001
Johnson, Darren W. (New York) show/hide docs
IM-MD-0016-9001
Kimball-Stanley, David C. (New York) show/hide docs
IM-MD-0016-9001
Sweeney, Maureen A. (Maryland) show/hide docs
IM-MD-0016-9001

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