Jairo G. Aparicio v. United States Department of Homeland Security et al

Filing 19

ORDER by Judge Terry J. Hatter, Jr: IT IS ORDERED that the petition for writ of habeas corpus be, and hereby is DISMISSED. IT IS FURTHER ORDERED that Petitioner shall remain released subject to the terms and conditions previously ordered by this Court in this action and/or Roman. See order for more details. Case Terminated. Made JS-6. (shb)

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1 2 3 4 5 6 7 United States District Court Central District of California Western Division 8 9 10 11 12 JAIRO G. APARICIO, 13 14 15 16 17 ED CV 20-00716 TJH (SPx) Petitioner, v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY, et al., Order JS-6 Respondents. 18 19 20 The Court has considered Petitioner’s petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2241, together with the moving and opposing papers. 21 Petitioner, an immigration detainee at the Adelanto Immigration and Customs 22 Enforcement Processing Center [“Adelanto”], filed this petition, seeking release from 23 immigration detention based on two claims. The first claim challenged the conditions 24 of confinement at Adelanto in light of the COVID-19 pandemic, based on a violation 25 of substantive due process under the Fifth Amendment. The second claim alleged that 26 the Government failed to reasonably accommodate his disability, in violation of the 27 Rehabilitation Act, 29 U.S.C. §§ 794, et seq.. 28 Both of Petitioner’s claims have been subsumed by two mandatory class actions Order – Page 1 of 2

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