Las Americas Immigrant Advocacy Center v. Trump - Immigration TRO Denied
Plaintiffs, six organizations that provided legal counsel to immigrant clients, filed an Emergency Motion for a nationwide TRO under the All Writs Act. The requested TRO would enjoin immigration courts from compelling any respondent or counsel to appear, using in absentia removal procedures, deeming petitions for relief "abandoned or untimely," and "holding any attorney in contempt for failing to appear" due to concerns related to COVID-19 and would require immigration courts to grant continuances when requested and waive filing requirements. The court denied the “sweeping relief” requested in the plaintiffs’ TRO, finding that it was "too attenuated" from the Complaint, which alleged that the operation of the immigration court system during the COVID-19 pandemic violated the Constitution's Take Care Clause, the Immigration and Nationality Act, and the Administrative Procedure Act. Instead, the court found that review of individual immigration court practices would suffice to address issues in those courts.
Las Americas Immigrant Advocacy Ctr. v. Trump, 451 F. Supp. 3d 1191 (D. Or. 2020)
DETAILS
Decision
Date
4/2/2020
Practice Area
Immigration
Relief Requested
Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
Oregon
Type of Case
Group
Case Characteristics
Immigrant Detention
Compassionate Release Case
No
Case Tracking Number
3:19-cv-02051-IM
MORE CASE INFORMATION
Court Name
D. Or.
Decision
Motion Denied
Place of Incarceration
Immigrant Detention
Legal Authority
Other, Take Care Clause
Legal Authority
Administrative Procedure Act (APA), Immigration and Nationality Act (INA), Other, 28 U.S.C. § 1651(a), the All Writs Act
Case Status
Decision Made But Case Still Pending
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.
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.