The court first decided that Northern District of California district court has jurisdiction, even if Domingo was confined in another district. The general rule that for core habeas petitions challenging present physical confinement, jurisdiction lies in the district of confinement doesn’t apply in cases where the immediate custodian lacks actual authority over the immigrant detainee. The court granted Domingo’s TRO motion in part, because parties fundamentally agreed on an appropriate course of action where ICE would release custody and transfer Domingo to a locked-down mental health care facility. Such course of action would be beneficial to Domingo and would not pose a danger to the community or the public interest. Finally, the court refused to resolve issues of Domingo’s long-term custody due to lack of information.
Domingo v. Barr, No. 20-cv-06089-YGR, 2020 U.S. Dist. LEXIS 179594 (N.D. Cal. Sep. 29, 2020)
DETAILS
Decision
Date
9/29/2020
Practice Area
Immigration
Relief Requested
Release
Type of Court
Federal District Court
Location
California
Type of Case
Individual
Case Characteristics
Immigrant Detention
Release Granted
Yes
Compassionate Release Case
No
Case Tracking Number
4:20-cv-06089-YGR
MORE CASE INFORMATION
Court Name
N.D. Cal.
Decision
Motions Partially Granted
Place of Incarceration
Local / County Jail
Name of Facility
Yuba County Jail
Legal Authority
Rehabilitation Act
Release Conditions
Petitioner must be transported to a psychiatric hospital for treatment; petitioner is to reside at the hospital until the court rules on whether the petitioner shall be returned to ICE custody; petitioner must receive a psychological and psychiatric assessment and provide a full and complete copy of the assessment to ICE immediately upon receipt; petitioner shall provide a status report to the court no later than 72 hours from the completed assessment; and petitioner is responsible for all medical expenses incurred.
Convictions
Assault with a deadly weapon in violation of California Penal Code section 245(a)(1)
Case Status
Decision Made
Motions Partially Granted
The court granted Domingo’s TRO motion in part, because parties fundamentally agreed on an appropriate course of action where ICE would release custody and transfer Domingo to a locked-down mental health care facility. Such a course of action would be beneficial to Domingo and would not pose a danger to the community or the public interest. On the other hand, the court refused to resolve issues of Domingo’s long-term custody due to lack of information.
Pre-Existing Health Conditions
Serious and Persistent Mental Illness (SPMI)
Pre-Existing Health Conditions Notes
SPMI (unknown)
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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