Petitioner Marina Toma filed an emergency petition for a writ of habeas corpus and an emergency motion for a temporary restraining order, which the court treated as a request for a preliminary injunction. The court denied preliminary relief. Ms. Toma was subject to mandatory detention under 8 U.S.C. § 1226(c)(1)(B) and charged as removable for commission of an aggravated felony. An immigration court granted her application for Withholding of Removal, but the government appealed. The court found she was unlikely to succeed on her Fifth Amendment substantive due process claim because it found her allegations of blood pressure issues were insufficient to differentiate her from anyone else in ICE detention or show that she was at elevated risk of COVID-19. Ms. Toma also claimed that her detention was unconstitutional because it was in excess of six months and because she was unlikely to be removed to Iraq in the foreseeable future. The court found this claim unlikely to succeed as well, finding that Zadvydas v. Davis did not apply because the government’s appeal meant Ms. Toma was not subject to a final order of removal and 8 U.S.C. § 1231(a) did not govern her detention. The court also found Ms. Toma to be a danger based on her criminal record.
Toma v. Adducci, No. 2:20-cv-11071, 2020 WL 2832255 (E.D. Mich. May 31, 2020)
Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Type of Case
Immigrant Detention, Pre-Existing Health Conditions, Significant Criminal History
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Local / County Jail
Name of Facility
Chippewa County Correctional Center
Fifth Amendment - Prolonged Detention, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
Other, § 2241 Habeas, 8 U.S.C. § 1226(c)
Controlled substance offense - possession of methamphetamine/ecstasy. Larceny in a building. Seven dismissed arrests for domestic violence and assault and battery. Drunken driving. Resisting and obstructing a police officer.
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.
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