The Court found that plaintiffs met the necessary elements to be granted a class-wide preliminary injunction mandating that § 1226(a) bond hearings employ procedures that adequately protect the due process rights of non-citizens.
Dubon Miranda v. Barr, No. 1:20-cv-01110 (CCB), Dkt. 25 (D. Md. May 29, 2020)
DETAILS
Decision
Date
5/29/2020
Practice Area
Immigration
Relief Requested
Bond Hearing, Class Certification, Preliminary Injunction (PI), Release
Type of Court
Federal District Court
Location
Maryland
Type of Case
Class Action
Case Characteristics
Elderly, Immigrant Detention, Other, Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Pending Appeal
Compassionate Release Case
No
Compassionate Release Specific Characteristics
Only served a small portion of their sentence (less than 33%)
Case Tracking Number
20-cv-01110-CCB
MORE CASE INFORMATION
Court Name
D. Md.
Decision
Motion Granted
Place of Incarceration
Immigrant Detention
Name of Facility
Howard County Detention Center; and Worcester County Detention Center
Legal Authority
Procedural Due Process (both 14th and 5th Amendments), Sixth Amendment - Access to Counsel
Legal Authority
Bail Reform Act, Bail Pending Sentence or Appeal, 18 U.S.C. § 3143, Bail Reform Act, Bail Pending Trial, 18 U.S.C. § 3142, First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Immigration and Nationality Act (INA), Other, Section 1983, § 2241 Habeas, § 2255 Habeas, Fed. R. App. P. 23(b)
Legal Authority
8 C.F.R. § 1236.1(d)(3)
Convictions
DUI
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request., Exhaustion is subject to equitable exceptions.
Two counts of second-degree assault; malicious destruction of property valued at less than $1000
COVID-19 in Jail Prison or Detention Center
Not Discussed
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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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