Bahena Ortuño v. Jennings (N.D. Cal.) - Habeas Petitions Granted - Pre-Existing Medical Conditions
The court previously granted petitioners’ motion for TRO. Respondents responded to the court’s TRO order trying to show cause why a preliminary injunction should not be issued. The court first found that petitioners had standing to assert claims alleged in their petition and that they might proceed under Section 2241. The court then found that petitions had continued to show that they were likely to succeed on the merits of their claims, that they were likely to suffer irreparable injury if not released during the COVID-19 pandemic, that the balance of hardship tips in their favor, and that the public interest is served by the requested injunctive relief, primarily because of the lack of proper social distancing and safety protocols against COVID-19 in the detention facilities. Thus, the court granted preliminary injunction.
Bahena Ortuño v. Jennings, No. 3:20-cv-02064-MMC, 2020 WL 2218965 (N.D. Cal. May 7, 2020)
DETAILS
Decision
Date
05/07/2020
Practice Area
Immigration
Relief Requested
Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
California
Type of Case
Group
Case Characteristics
Immigrant Detention, Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
No
Case Tracking Number
3:20-cv-02064-MMC
MORE CASE INFORMATION
Court Name
N.D. Cal.
Decision
Motion Granted
Place of Incarceration
Immigrant Detention, Both County Jail and Immigrant Detention
Crowdsourced legal documents from around the country related to COVID-19 and incarceration, organized, collected, and summarized for public defenders, litigators, and other advocates. Created and managed by Bronx Defenders, Columbia Law School’s Center for Institutional and Social Change, UCLA Law COVID-19 Behind Bars Data Project, and Zealous. Mostly federal court opinions, but now expanding to states and legal filings, declarations, and exhibits.
This resource is designed to help lawyers, advocates, researchers, journalists, and others interested in challenging, remedying, or drawing attention to the grave risk that Covid-19 poses to individuals who are detained.