The petitioners, who are all noncitizens being held against their will in family residential centers (FRCs), asked for preliminary injunctive relief in the form of release. They based their claim on the fact that ICE had not sufficiently adhered to protective COVID-19 policies, leaving the class of petitioners at undue risk for contracting COVID-19. The court rejected their argument on the basis that they had not met the "burden to demonstrate that no remedy short of release will cure their constitutional injuries." They founded this holding by stating that they are not being punished, that petitioners have not proven ICE's adherence to CDC requirements is so lacking that it amounts to a clear violation of their rights, and that because of these two facts, the petitioners have not proven that they need to be released.
O.M.G. v. Wolf, 474 F. Supp. 3d 274 (D.D.C. 2020)
DETAILS
Decision
Date
07/22/2020
Practice Area
Immigration
Relief Requested
Preliminary Injunction (PI), Release
Type of Court
Federal District Court
Location
District of Columbia
Type of Case
Class Action
Case Characteristics
Immigrant Detention, Juvenile
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
1:20-cv-00786-JEB
MORE CASE INFORMATION
Court Name
D.D.C.
Decision
Motion Denied
Place of Incarceration
Immigrant Detention
Name of Facility
Berks County Residential Center; South Texas Family Residential Center; Karnes County Family Residential Center
Legal Authority
Fifth Amendment - Prolonged Detention
Case Status
Decision Made
COVID-19 Positive or Symptomatic
Not Discussed
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.