Case: La O Munoz v. Wolf

4:20-cv-02206 | U.S. District Court for the Southern District of Texas

Filed Date: June 23, 2020

Closed Date: July 31, 2020

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a habeas petition filed on behalf of immigrant detainees in Texas, seeking release from detention due to COVID-19. The court denied to enter any relief for the plaintiffs on July 6, 2020. Later, the plaintiffs were released and the court dismissed the case on July 31.This petition for writ of habeas corpus was filed on June 23, 2020 in the U.S. District Court for the Southern District of Texas. Represented by private counsel, the petitioners were immigrant detainees he…

COVID-19 Summary: This is a habeas petition filed on behalf of immigrant detainees in Texas, seeking release from detention due to COVID-19. The court denied to enter any relief for the plaintiffs on July 6, 2020. Later, the plaintiffs were released and the court dismissed the case on July 31.


This petition for writ of habeas corpus was filed on June 23, 2020 in the U.S. District Court for the Southern District of Texas. Represented by private counsel, the petitioners were immigrant detainees held at the Joe Corley Detention Facility in Conroe, Texas. They brought this claim against Acting Secretary of U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, ICE Field Office Director Patrick Contreras, Attorney General William Barr, and Facility Warden Randy Tate. The petitioners were three Cuban citizens and one Honduran citizen. As their home countries were not accepting deportees from the U.S., they were held in ICE custody for a prolonged period of time. They argued that the Joe Corley Detention Facility was doing an inadequate job at protecting against the spread of COVID-19, violating their Fifth Amendment Due Process rights and habeas corpus. The petitioners requested a writ of habeas corpus or, in the alternative, injunctive relief releasing the detainees immediately.

The court rejected all of the plaintiffs' requests on July 6, 2020. The court held that the petitioners can only use habeas corpus to protest the fact of their confinement or the duration of their confinement, but not the conditions of their confinement. Regarding injunctive relief, the court found that petitioners were not likely to succeed on the merits of the case, and so it refused to grant the injunctive relief.

On July 31, the plaintiffs filed a notice of voluntary dismissal because each of the plaintiffs had been released from Joe Corley Detention Facility. The court granted the plaintiffs notice of dismissal that same day. The case is now closed.

Summary Authors

Jack Hibbard (8/20/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17287661/parties/la-o-munoz-v-wolf/


Judge(s)

Gilmore, Vanessa D. (Texas)

Attorney for Plaintiff

Durst, Lee G. (New York)

LeGrand, Andrew Patrick (Texas)

Marquart, Katherine Michelle (New York)

Monroe, Alayna Leigh (California)

Attorney for Defendant

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Documents in the Clearinghouse

Document

4:20-cv-02206

Docket [PACER]

July 31, 2020

July 31, 2020

Docket
1

4:20-cv-02206

Verified Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241 and Complaint for Declaratory and Injunctive Relief

June 23, 2020

June 23, 2020

Complaint
9-1

4:20-cv-02206

Memorandum of Law in Support of Petitioners-Plaintiffs' Motion for Temporary Restraining Order

June 26, 2020

June 26, 2020

Pleading / Motion / Brief
19

4:20-cv-02206

Respondents' Response to Temporary Restraining Order

June 30, 2020

June 30, 2020

Pleading / Motion / Brief
24

4:20-cv-02206

Order

July 6, 2020

July 6, 2020

Order/Opinion
25

4:20-cv-02206

Plaintiffs' Notice of Voluntary Dismissal

July 31, 2020

July 31, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17287661/la-o-munoz-v-wolf/

Last updated Feb. 23, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number 0541-24836347) filed by Hugo Sanchez-Valdes, Jorge Luis Morales-Diaz, Roger Ernesto La O Munoz, Kelvin Armando Ulloa Escobar. (Attachments: # 1 Declaration of Nicholas M. Parker, # 2 Parker Decl. Ex. A, # 3 Parker Decl. Ex. B, # 4 Parker Decl. Ex. C, # 5 Civil Cover Sheet)(LeGrand, Andrew) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
2

MOTION for Lee G. Dunst to Appear Pro Hac Vice by Roger Ernesto La O Munoz, Jorge Luis Morales-Diaz, Hugo Sanchez-Valdes, Kelvin Armando Ulloa Escobar, filed. Motion Docket Date 7/15/2020. (LeGrand, Andrew) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
3

MOTION for Katherine Marquart to Appear Pro Hac Vice by Roger Ernesto La O Munoz, Jorge Luis Morales-Diaz, Hugo Sanchez-Valdes, Kelvin Armando Ulloa Escobar, filed. Motion Docket Date 7/15/2020. (LeGrand, Andrew) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
4

MOTION for Alayna Monroe to Appear Pro Hac Vice by Roger Ernesto La O Munoz, Jorge Luis Morales-Diaz, Hugo Sanchez-Valdes, Kelvin Armando Ulloa Escobar, filed. Motion Docket Date 7/15/2020. (LeGrand, Andrew) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
5

MOTION for Nicholas M. Parker to Appear Pro Hac Vice by Roger Ernesto La O Munoz, Jorge Luis Morales-Diaz, Hugo Sanchez-Valdes, Kelvin Armando Ulloa Escobar, filed. Motion Docket Date 7/15/2020. (LeGrand, Andrew) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
6

MOTION for Pooja R. Patel to Appear Pro Hac Vice by Roger Ernesto La O Munoz, Jorge Luis Morales-Diaz, Hugo Sanchez-Valdes, Kelvin Armando Ulloa Escobar, filed. Motion Docket Date 7/15/2020. (LeGrand, Andrew) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
7

Request for Issuance of Summons as to William P. Barr, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad F. Wolf, filed. (Attachments: # 1 Request for Issuance of Summons (U.S. Immigration and Customs Enforcement), # 2 Request for Issuance of Summons (Patrick Contreras), # 3 Request for Issuance of Summons (William P. Barr), # 4 Request for Issuance of Summons (Randy Tate))(LeGrand, Andrew) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
8

Summons Issued as to Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad F. Wolf, and U.S. Attorney General. Issued summons returned to plaintiff by NEF, filed. (Attachments: # 1 Summons Patrick D. Contreras, # 2 Summons Randy Tate, # 3 Summons U.S. Immigration, # 4 Summons W.Barr)(JacquelineMata, 4) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
9

MOTION for Temporary Restraining Order by Roger Ernesto La O Munoz, Jorge Luis Morales-Diaz, Hugo Sanchez-Valdes, Kelvin Armando Ulloa Escobar, filed. Motion Docket Date 7/17/2020. (Attachments: # 1 Memorandum of Law in Support of Motion for Temporary Restraining Order, # 2 Appendix of Cited Cases, # 3 Appx. Ex. 1, # 4 Appx. Ex. 2, # 5 Appx. Ex. 3, # 6 Appx. Ex. 4, # 7 Appx. Ex. 5, # 8 Appx. Ex. 6, # 9 Appx. Ex. 7, # 10 Appx. Ex. 8, # 11 Appx. Ex. 9, # 12 Appx. Ex. 10, # 13 Appx. Ex. 11, # 14 Appx. Ex. 12, # 15 Appx. Ex. 13, # 16 Proposed Order)(LeGrand, Andrew) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
10

DECLARATION of ALAYNA MONROE re: 9 MOTION for Temporary Restraining Order, filed. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36)(LeGrand, Andrew) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
11

DECLARATION of NICHOLAS M. PARKER re: 9 MOTION for Temporary Restraining Order, filed. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(LeGrand, Andrew) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
12

NOTICE of Appearance by Ariel N. Wiley on behalf of William P. Barr, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad F. Wolf, filed. (Wiley, Ariel) (Entered: 06/28/2020)

June 28, 2020

June 28, 2020

PACER
13

NOTICE of Setting as to 9 MOTION for Temporary Restraining Order. Parties notified. Motion Hearing set for 7/1/2020 at 10:00 AM in by video before Judge Vanessa D Gilmore, filed. (bthomas, 4) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
14

ORDER granting 3 Motion for Katherine Marquart to Appear Pro Hac Vice.(Signed by Judge Vanessa D Gilmore) Parties notified.(jdav, 4) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
15

ORDER granting 2 Motion for Lee G. Durst to Appear Pro Hac Vice.(Signed by Judge Vanessa D Gilmore) Parties notified.(jdav, 4) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
16

ORDER granting 4 Motion for Alayna Monroe to Appear Pro Hac Vice.(Signed by Judge Vanessa D Gilmore) Parties notified.(jdav, 4) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
17

ORDER granting 5 Motion for Nicholas M. Parker to Appear Pro Hac Vice.(Signed by Judge Vanessa D Gilmore) Parties notified.(jdav, 4) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
18

ORDER granting 6 Motion for Pooja R. Patel to Appear Pro Hac Vice.(Signed by Judge Vanessa D Gilmore) Parties notified.(jdav, 4) (Entered: 06/30/2020)

June 29, 2020

June 29, 2020

PACER
19

RESPONSE in Opposition to 9 MOTION for Temporary Restraining Order, filed by William P. Barr, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad F. Wolf. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Proposed Order)(Wiley, Ariel) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER

Minute Entry for proceedings held before Judge Vanessa D Gilmore. MOTION HEARING held on 7/1/2020 re: 9 Motion for Temporary Restraining Order. Arguments presented. The parties may file any supplemental documentation to their pleadings. The Motion for Temporary Restraining Order is taken under advisement. Appearances: Nicholas Parker. Alayna Monroe. Pooja Patel. Ariel Wiley. (Court Reporter: Heather Alcaraz), filed. (bthomas, 4)

July 1, 2020

July 1, 2020

PACER
20

SUPPLEMENT to 9 MOTION for Temporary Restraining Order by Roger Ernesto La O Munoz, Jorge Luis Morales-Diaz, Hugo Sanchez-Valdes, filed. (Attachments: # 1 Exhibit A)(bthomas, 4) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER
21

SUPPLEMENT to 19 Response in Opposition to Motion by William P. Barr, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad F. Wolf, filed. (Attachments: # 1 Notice to Appear and Form I-213s)(bthomas, 4) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER

Motion Hearing

July 1, 2020

July 1, 2020

PACER
22

SUPPLEMENT to 9 MOTION for Temporary Restraining Order by Kelvin Armando Ulloa Escobar, Roger Ernesto La O Munoz, Jorge Luis Morales-Diaz, Hugo Sanchez-Valdes, filed.(Parker, Nicholas) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
23

NOTICE of Supplemental Authority re: 19 Response in Opposition to Motion, 21 Supplement by William P. Barr, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad F. Wolf, filed. (Wiley, Ariel) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
24

ORDER denying 9 Petitioner's Motion for Temporary Restraining Order.(Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
25

NOTICE of Dismissal as to William P. Barr, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad F. Wolf by Hugo Sanchez-Valdes, Jorge Luis Morales-Diaz, Kelvin Armando Ulloa Escobar, Roger Ernesto La O Munoz, filed. (LeGrand, Andrew) (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

PACER
26

ORDER OF DISMISSAL granting 25 Notice of Dismissal. Case terminated on 7/31/2020. (Signed by Judge Vanessa D Gilmore) Parties notified. (bthomas, 4) (Entered: 08/03/2020)

July 31, 2020

July 31, 2020

PACER

Case Details

State / Territory: Texas

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: June 23, 2020

Closing Date: July 31, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Immigrant detainees at Joe Corley Detention Center

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Acting Secretary of DHS Chad Wolf, Federal

Immigration and Customs Enforcement, Federal

Attorney General William Barr, Federal

Warden of Joe Corley Detention Center Randy Tate, Federal

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Habeas relief

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal

Issues

General:

Bathing and hygiene

Conditions of confinement

Over/Unlawful Detention

Sanitation / living conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Confinement/isolation

Habeas Corpus

Placement in detention facilities

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Government-run

Immigration/Border:

Border police

Constitutional rights

Detention - conditions

Refugees