Jorge Z. Sandoval Sanabria v. D.H.S. et al

Filing 20

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 JORGE Z. SANDOVAL SANABRIA, 13 14 15 16 17 ED CV 20-00978 TJH (MRWx) Petitioner, v. 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 challenged 26 Petitioner’s prolonged detention without a bond hearing, based on violations of 27 procedural due process under the Fifth Amendment as well as the Immigration and 28 Nationality Act, 8 U.S.C. § 1101, et seq. Order – Page 1 of 2 1 On April 13, 2020, in Roman, et al. v. Wolf, et al., CV 20-768 TJH (PVCx) 2 [“Roman”], Petitioners-Plaintiffs Kelvin Hernandez Roman, Miguel Aguilar Estrada, 3 and Beatriz Andrea Forero Chavez, on behalf of themselves and all others similarly 4 situated, filed a combined petition for a writ of habeas corpus and complaint for 5 injunctive and declaratory relief premised on a Fifth Amendment substantive due 6 process violation based on the conditions of confinement at Adelanto. 7 On April 23, 2020, the Court provisionally certified Roman as a mandatory class 8 action under Fed. R. Civ. P. 23(b)(2), and, subsequently, stayed the instant action 9 pending the outcome of Roman. On September 22, 2020, the Court certified the 10 mandatory Roman class on a non-provisional basis. Because of Roman, Petitioner’s 11 substantive due process claim is, now, moot. 12 13 Petitioner’s prolonged detention claim fails, here, because the appropriate remedy for that claim would be a bond hearing and not release. 14 15 Accordingly, 16 17 18 It is Ordered that the petition for writ of habeas corpus be, and hereby is, Dismissed. 19 20 21 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. 22 23 Date: July 13, 2021 24 __________________________________ 25 Terry J. Hatter, Jr. Senior United States District Judge 26 27 28 Order – Page 2 of 2

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