Petitioner filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 from the Otay Mesa Detention Center. He was detained pending appeal of the denial of his asylum application in which the immigration court cited what it considered to be a serious criminal history. The court dismissed his habeas petition, finding that he had failed to exhaust his administrative remedies and that his detention was lawful. The court acknowledged that people who were more severely vulnerable to COVID-19 could be excused from the exhaustion requirement because of the risk of irreparable harm in detention, but found that Mr. Lopez-Marroquin’s mental health conditions did not put him in this category. Therefore, he should have filed a request for a bond hearing first before filing a habeas petition in the district court. Regarding the Fifth Amendment claim, that court found that his civil detention served a legitimate government interest, that his risk level was not unique in relation to COVID-19, and that the facility’s preventative measures (which included “cohorting” and sanitation) were sufficient. Finally, the court believed the record showed Mr. Lopez-Marroquin did not fully understand his own mental health conditions and therefore “the Court finds that Petitioner’s health would be better protected in detention than outside of it.”
Immigrant Detention, Pre-Existing Health Conditions, Significant Criminal History
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
Otay Mesa Detention Center
Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
§ 2241 Habeas
Convictions for vehicle theft; multiple petty thefts; driving under the influence
Pre-Existing Health Conditions
Bi-Polar Disorder, Schizophrenia, Serious and Persistent Mental Illness (SPMI)
COVID-19 Positive or Symptomatic
COVID-19 in Jail Prison or Detention Center
Exhaustion in the immigration context - requirement to request a bond hearing in immigration court first?
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.