Essentially, the petitioners, all of whom are either pretrial or post-conviction detainees awaiting sentencing at Cibola County Correction Center, seek “immediate release” from custody through the guise of a doctrine called “enlargement,” which would “enlarge” the petitioners’ custodial status by releasing them from the correction center and placing them in home confinement. The court concluded that the petitioners have asserted non-justiciable claims, making all pending motions moot.
None
DETAILS
Decision
Date
06/22/2021
Practice Area
Criminal (Federal Charges)
Relief Requested
Class Certification, Release
Type of Court
Federal District Court
Location
New Mexico
Type of Case
Class Action
Case Characteristics
Post-Conviction Detention [jail or prison], Pretrial Detention [jail]
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
1:20-cv-01309-WJ-CG
MORE CASE INFORMATION
Court Name
D.N.M.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
Cibola County Correction Center
Legal Authority
Eighth Amendment - Deliberate Indifference, Procedural Due Process (both 14th and 5th Amendments)
Legal Authority
§ 2241 Habeas
Convictions
distribution of methamphetamine; conspiracy to provide material
support to terrorists; providing material support to terrorists; conspiracy to murder an officer or employee of the U.S.; conspiracy to commit an offense against the U.S.; possessing a firearm while unlawfully in the U.S.; being a felon in possession of a firearm and ammunition; making a false statement in a passport application; failure to register as a sex offender and update registration; production of a visual depiction of a minor engaging in sexually explicit conduct; coercion and enticement of a thirteen-year-old girl.
Case Status
Decision Made
COVID-19 Positive or Symptomatic
Yes
COVID-19 in Jail Prison or Detention Center
Yes
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.