Archilla v. Witte (N.D. Ala.) - Release and TRO Denied - No Conditions-of-Confinement Claim Under §2241
The court denied a motion for TRO on behalf of 18 individuals in immigration detention, in a 41-page opinion. Petitioners characterized their claim as a “punitive detention” substantive due process claim, but the court determined it was more properly viewed as a conditions of confinement claim, which is not cognizable through a Section 2241 habeas petition. The court found insufficient evidence justifying release, where (1) ICE has a program for releasing detainees and has been complying with a mandatory injunction, issued in the Fraihat class action, for review of those decisions (2) petitioners are lawfully detained and the majority of them are under final orders of removal and (3) courts have almost uniformly denied broad releases, even when Covid-19 was more of a threat.
Archilla v. Witte, No. 4:20-cv-00596 (N.D. Ala. May 15, 2020)
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