Lopez-Marroquin filed an emergency motion to remand pursuant to the All Writs Act in the Ninth Circuit. The majority held that the motion should be considered as a petition for a writ of habeas corpus and transferred the case to the District Court for the Southern District of California to hold a hearing. The panel retained jurisdiction. One judge dissented, believing that the All Writs Act did not authorize the circuit court to exercise jurisdiction over the request because Lopez-Marroquin should have filed a petition for a writ of habeas corpus directly with the district court. He also expressed doubts about whether courts should even be considering release requests based on a generalized risk of contracting COVID-19 in detention. He agreed with the majority that the panel should retain jurisdiction of the case.
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.