Case: Belgrave v. Greene

1:00-cv-01523 | U.S. District Court for the District of Colorado

Filed Date: Aug. 2, 2000

Closed Date: 2000

Clearinghouse coding complete

Case Summary

On August 2, 2000, plaintiff, a Panamanian national facing removal proceedings, brought a habeas corpus petition pursuant to 28 U.S.C. § 2241 in the U.S. District Court District of Colorado. The government sought to deport plaintiff on account of domestic violence and drug convictions. Petitioner was denied bond pursuant to 8 U.S.C. § 1226(c), which required mandatory detention without a bond hearing for certain non-citizens with criminal convictions. Petitioner contended that 8 U.S.C. § 122…

On August 2, 2000, plaintiff, a Panamanian national facing removal proceedings, brought a habeas corpus petition pursuant to 28 U.S.C. § 2241 in the U.S. District Court District of Colorado. The government sought to deport plaintiff on account of domestic violence and drug convictions. Petitioner was denied bond pursuant to 8 U.S.C. § 1226(c), which required mandatory detention without a bond hearing for certain non-citizens with criminal convictions. Petitioner contended that 8 U.S.C. § 1226(c) was unconstitutional and sought a TRO and preliminary injunction ordering that he be provided with a bond hearing. Colorado Rural Legal Services, Inc. provided petitioner representation.

The District Court (Judge Lewis T. Babcock) issued a TRO on September 18, 2000 and ordered that he be provided an individualized bond hearing within 72 hours pursuant to Martinez v. Greene, 28 F. Supp. 2d 1275 (D. Colo. 1998). Petitioner then amended his complaint to seek class certification on behalf of all similarly situated detainees who had been denied bond hearings. Judge Babcock denied the request for class certification, noting that the Tenth Circuit would ultimately resolve the issue of the constitutionality of 8 U.S.C. § 1226(c) in another case, such that class certification in this case would be unnecessary. Belgrave v. Greene, 2000 U.S. Dist. LEXIS 18648 (D.Colo. Dec. 5, 2000).

The PACER docket reflects that the case dismissed as moot on February 20, 2001, presumably because petitioner had been deported to his native Panama.

Summary Authors

Dan Dalton (11/13/2007)

People


Judge(s)

Babcock, Lewis Thornton (Colorado)

Attorney for Plaintiff

Mortland, Michael Ross (Colorado)

Attorney for Defendant

Hegarty, Michael E. (Colorado)

Judge(s)

Babcock, Lewis Thornton (Colorado)

Attorney for Plaintiff
Attorney for Defendant

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Documents in the Clearinghouse

Document

1:00-cv-01523

Docket

Feb. 20, 2001

Feb. 20, 2001

Docket
24

1:00-cv-01523

Opinion

Dec. 5, 2000

Dec. 5, 2000

Order/Opinion

2000 WL 2000

Docket

Last updated Feb. 27, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

APPLICATION FOR WRIT OF HABEAS CORPUS by a person in federal custody (former empl) (Entered: 08/03/2000)

Aug. 2, 2000

Aug. 2, 2000

FILING FEE PAID: on 8/2/00 in the amount of $ 150, receipt # 218368. (former empl) (Entered: 08/03/2000)

Aug. 2, 2000

Aug. 2, 2000

2

ORDER TO SHOW CAUSE: by Chief Judge Lewis T. Babcock returnable 8/28/00 by respondent Greene why writ of habeas corpus should not be granted; Order petitioner to remain in Court's jurisdiction until further Order (cc: all counsel) (former empl) (Entered: 08/08/2000)

Aug. 4, 2000

Aug. 4, 2000

3

MOTION by petitioner Thomas Jesse Belgrave to certify class action (former empl) (Entered: 08/14/2000)

Aug. 11, 2000

Aug. 11, 2000

4

MINUTE ORDER : by Chief Judge Lewis T. Babcock regarding [3-1] motion to certify class action: response due 9/5/00 and any reply 10 days after that (cc: all counsel) ; entry date : 8/16/00 (former empl) (Entered: 08/16/2000)

Aug. 14, 2000

Aug. 14, 2000

5

MOTION by defendant Joseph Greene to extend time to respond to order to show cause and motion to certify class (former empl) (Entered: 09/13/2000)

Sept. 12, 2000

Sept. 12, 2000

6

MOTION by Villami Moala to intervene (former empl) (Entered: 09/19/2000)

Sept. 18, 2000

Sept. 18, 2000

7

MOTION by petitioner Thomas Jesse Belgrave for temporary restraining order (former empl) (Entered: 09/19/2000)

Sept. 18, 2000

Sept. 18, 2000

8

STATEMENT by counsel petitioner Thomas Jesse Belgrave re: motion for temporary restraining order [7-1] (former empl) (Entered: 09/19/2000)

Sept. 18, 2000

Sept. 18, 2000

9

COURTROOM MINUTES by Chief Judge Lewis T. Babcock granting motion for temporary restraining order [7-1], considering to be withdrawn motion to intervene [6-1], denying as moot motion to extend time to respond to order to show cause and motion to certify class [5-1] ORDER: an amended petition will be filed and a hearing will be filed after the response is filed ; entry date : 9/19/00 Court Reporter: Gwen Daniel (former empl) (Entered: 09/19/2000)

Sept. 18, 2000

Sept. 18, 2000

10

TEMPORARY RESTRAINING ORDER signed 9/18/00 at 3:42 pm by Chief Judge Lewis T. Babcock: petitioner shall be provided an individual bond determination within 72 hours of this Order; Order will expired on 9/28/00 at 3:42 pm : (cc: all counsel) (former empl) (Entered: 09/19/2000)

Sept. 18, 2000

Sept. 18, 2000

11

MINUTE ORDER : by Chief Judge Lewis T. Babcock denying motion to intervene [6-1], denying as moot motion to extend time to respond to order to show cause and motion to certify class [5-1] (cc: all counsel) ; entry date : 9/19/00 (former empl) (Entered: 09/19/2000)

Sept. 19, 2000

Sept. 19, 2000

12

MOTION by petitioner Thomas Jesse Belgrave to amend application for habeas corpus petition [1-1] (tendered attached) (former empl) (Entered: 09/20/2000)

Sept. 19, 2000

Sept. 19, 2000

13

MINUTE ORDER : by Chief Judge Lewis T. Babcock granting motion to amend application for habeas corpus petition [1-1] and accepting for filing tendered attachment [12-1] (cc: all counsel) ; entry date : 9/20/00 (former empl) (Entered: 09/20/2000)

Sept. 20, 2000

Sept. 20, 2000

14

AMENDED habeas corpus application [1-1] PETITION FOR WRIT OF HABEAS CORPUS (gms) (Entered: 10/11/2000)

Sept. 20, 2000

Sept. 20, 2000

17

OPPOSITION (RESPONSE) by defendant Joseph Greene to motion for temporary restraining order by proposed intervenor [16-1], motion to intervene [15-1] (former empl) (Entered: 10/05/2000)

Oct. 4, 2000

Oct. 4, 2000

15

MOTION by Edmond Khodaverdy to intervene (former empl) (Entered: 10/05/2000)

Oct. 4, 2000

Oct. 4, 2000

16

Petition (MOTION) by Edmond Khodaverdy for temporary restraining order by proposed intervenor (former empl) (Entered: 10/05/2000)

Oct. 4, 2000

Oct. 4, 2000

18

ORDER signed 10/5/00 by Chief Judge Lewis T. Babcock striking motion for temporary restraining order by proposed intervenor [16-1], denying motion to intervene [15-1] (cc: all counsel) ; entry date : 10/10/00 (former empl) (Entered: 10/10/2000)

Oct. 5, 2000

Oct. 5, 2000

19

COURTROOM MINUTES by Chief Judge Lewis T. Babcock denying motion for temporary restraining order by proposed intervenor [16-1] ; entry date : 10/10/00 Court Reporter: Gwen Daniel (former empl) (Entered: 10/10/2000)

Oct. 5, 2000

Oct. 5, 2000

20

Opposition RESPONSE by defendant to amd application for writ of habeas corpus [14-1] (gms) (Entered: 10/11/2000)

Oct. 10, 2000

Oct. 10, 2000

20

Opposition (RESPONSE) by defendant to motion to certify class action [3-1] (gms) (Entered: 10/11/2000)

Oct. 10, 2000

Oct. 10, 2000

21

MINUTE ORDER : by Chief Judge Lewis T. Babcock regarding [20-1] answer response: petitioner's reply due 20/25/00, setting hearing on motion to certify class action [3-1] 4:00 11/27/00 (cc: all counsel) ; entry date : 10/16/00 (former empl) (Entered: 10/16/2000)

Oct. 11, 2000

Oct. 11, 2000

22

REPLY by petitioner Thomas Jesse Belgrave in opp to response to motion to certify class action [3-1] (lam) (Entered: 10/30/2000)

Oct. 25, 2000

Oct. 25, 2000

23

COURTROOM MINUTES by Chief Judge Lewis T. Babcock taking under advisement on 11/27/00 the motion to certify class action [3-1] ; entry date : 12/1/00 Court Reporter: Gwen Daniel (former empl) (Entered: 12/01/2000)

Nov. 27, 2000

Nov. 27, 2000

24

MEMORANDUM, OPINION, AND ORDER: signed 12/4/00, filed 12/5/00 by Chief Judge Lewis T. Babcock regarding [14-1] habeas corpus petition: ORDERED DENIED insofar as it requests class certification (cc: all counsel) ; entry date : 12/6/00 (former empl) (Entered: 12/06/2000)

Dec. 5, 2000

Dec. 5, 2000

Clearinghouse
25

NOTICE of Change of Address of U.S. ATTORNEY by defendant Joseph Greene (former empl) (Entered: 12/08/2000)

Dec. 8, 2000

Dec. 8, 2000

26

MOTION by defendant Joseph Greene to dismiss as moot (former empl) (Entered: 02/02/2001)

Feb. 1, 2001

Feb. 1, 2001

27

MINUTE ORDER : by Chief Judge Lewis T. Babcock petitioner's response due 2/16/01 regarding [26-1] motion to dismiss as moot (cc: all counsel) ; entry date : 2/6/01 (former empl) (Entered: 02/06/2001)

Feb. 2, 2001

Feb. 2, 2001

28

RESPONSE by petitioner Thomas Jesse Belgrave to motion to dismiss as moot [26-1] (former empl) (Entered: 02/21/2001)

Feb. 16, 2001

Feb. 16, 2001

29

ORDER signed 2/20/01 by Chief Judge Lewis T. Babcock in accordance with [28-1] motion response, granting dft's motion to dismiss as moot [26-1] dismissing case with prejudice; each bear own costs and fees (cc: all counsel) ; entry date : 2/21/01 (former empl) (Entered: 02/21/2001)

Feb. 20, 2001

Feb. 20, 2001

Case Details

State / Territory: Colorado

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Aug. 2, 2000

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An immigrant held by the INS in mandatory detention without an opportunity for an individualized bond hearing

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Immigration and Naturalization Service, Federal

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief granted

Issues

Jails, Prisons, Detention Centers, and Other Institutions:

Habeas Corpus