The plaintiffs asked the court to order the defendants to: (1) comply with the Performance-Based National Detention Standards; (2) provide free, confidential legal phone calls, and reasonably accommodate non-legal calls for detainees who are indigent; (3) establish an adequate process for immigration attorneys to schedule legal calls; (4) provide private, unmonitored, unrecorded calls with attorneys; (5) provide a quiet place for legal calls and calls that do not have poor sound quality; (6) provide the opportunity to penetrate automated voicemail trees and leave voicemails when making legal calls; (7) provide notice of communication options available to detainees; and (8) accommodate non-English speakers, illiterate detainees, and detainees with hearing and speech disabilities that impact their access to legal calls. The plaintiffs also moved for certification of a class and for preliminary injunction as to all of the relief sought in their complaint. The court found it does not have jurisdiction over the plaintiffs’ claims pursuant to 8 U.S.C. § 1252(b)(9). The defendants’ Motion to Dismiss was granted and the plaintiffs’ claims be dismissed without prejudice, the plaintiffs’ Motion for Class Certification, and Motion for Preliminary Injunction, were denied as moot.
Carranza v. U.S. Immigration and Customs Enforcement, No. 2:20-cv-00424-KG, 2021 WL 1840418 (D.N.M., May 7, 2021)
DETAILS
Decision
Date
05/07/2021
Practice Area
Immigration
Relief Requested
Class Certification, Preliminary Injunction (PI)
Type of Court
Federal District Court
Location
New Mexico
Type of Case
Class Action
Case Characteristics
Immigrant Detention
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
2:20-cv-00424-KG-KRS
MORE CASE INFORMATION
Court Name
D.N.M.
Decision
Motion Denied
Place of Incarceration
Immigrant Detention
Name of Facility
Otero County and El Paso Processing Centers
Legal Authority
Fifth Amendment - Prolonged Detention, Other, Fifth Amendment right to representation of counsel; First Amendment right to petition the government for redress of grievances.
Legal Authority
Other, 8 U.S.C. §§ 1362 and 1229a(b)(4)(A); 5 U.S.C. § 555(b); 8 U.S.C. §§ 1229a(b)(4)(B) and 1226(a)
Legal Authority
8 C.F.R. §§ 1003.16(b) and 1292.5(b)
Case Status
Decision Made
COVID-19 Positive or Symptomatic
Not Discussed
COVID-19 in Jail Prison or Detention Center
Not Discussed
Litigation Database
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.
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