Dragy John Goodwin v. Chad F Wolf et al
ORDER by Judge Terry J. Hatter, Jr: See order for more details. 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. Case Terminated. Made JS-6. (shb)
United States District Court
Central District of California
DRAGY JOHN GOODWIN,
CHAD WOLF, et al.,
ED CV 20-01185 TJH (PDx)
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.
Petitioner, an immigration detainee at the Adelanto Immigration and Customs
Enforcement Processing Center [“Adelanto”], filed this petition, seeking release from
immigration detention based on two claims. The first claim challenged the conditions
of confinement at Adelanto in light of the COVID-19 pandemic, based on a violation
of substantive due process under the Fifth Amendment. The second claim challenged
Petitioner’s prolonged detention without a bond hearing, based on violations of
procedural due process under the Fifth Amendment as well as the Immigration and
Nationality Act, 8 U.S.C. § 1101, et seq.
On April 13, 2020, in Roman, et al. v. Wolf, et al., CV 20-768 TJH (PVCx)
Order – Page 1 of 2
[“Roman”], Petitioners-Plaintiffs Kelvin Hernandez Roman, Miguel Aguilar Estrada,
and Beatriz Andrea Forero Chavez, on behalf of themselves and all others similarly
situated, filed a combined petition for a writ of habeas corpus and complaint for
injunctive and declaratory relief premised on a Fifth Amendment substantive due
process violation based on the conditions of confinement at Adelanto.
On April 23, 2020, the Court provisionally certified Roman as a mandatory class
action under Fed. R. Civ. P. 23(b)(2), and, subsequently, stayed the instant action
pending the outcome of Roman. On September 22, 2020, the Court certified the
mandatory Roman class on a non-provisional basis. Because of Roman, Petitioner’s
substantive due process claim is, now, moot.
Petitioner’s prolonged detention claim fails, here, because the appropriate
remedy for that claim would be a bond hearing and not release.
It is Ordered that the petition for writ of habeas corpus be, and hereby is,
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.
Date: July 13, 2021
Terry J. Hatter, Jr.
Senior United States District Judge
Order – Page 2 of 2
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