Dragy John Goodwin v. Chad F Wolf et al

Filing 6

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)

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United States District Court
Central District of California
Western Division

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DRAGY JOHN GOODWIN,

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Petitioner,

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v.
CHAD WOLF, et al.,

ED CV 20-01185 TJH (PDx)

Order JS-6

Respondents.

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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.

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Petitioner, an immigration detainee at the Adelanto Immigration and Customs

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Enforcement Processing Center [“Adelanto”], filed this petition, seeking release from

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immigration detention based on two claims. The first claim challenged the conditions

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of confinement at Adelanto in light of the COVID-19 pandemic, based on a violation

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of substantive due process under the Fifth Amendment. The second claim challenged

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Petitioner’s prolonged detention without a bond hearing, based on violations of

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procedural due process under the Fifth Amendment as well as the Immigration and

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Nationality Act, 8 U.S.C. § 1101, et seq.

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On April 13, 2020, in Roman, et al. v. Wolf, et al., CV 20-768 TJH (PVCx)
Order – Page 1 of 2

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[“Roman”], Petitioners-Plaintiffs Kelvin Hernandez Roman, Miguel Aguilar Estrada,

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and Beatriz Andrea Forero Chavez, on behalf of themselves and all others similarly

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situated, filed a combined petition for a writ of habeas corpus and complaint for

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injunctive and declaratory relief premised on a Fifth Amendment substantive due

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process violation based on the conditions of confinement at Adelanto.

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On April 23, 2020, the Court provisionally certified Roman as a mandatory class

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action under Fed. R. Civ. P. 23(b)(2), and, subsequently, stayed the instant action

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pending the outcome of Roman. On September 22, 2020, the Court certified the

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mandatory Roman class on a non-provisional basis. Because of Roman, Petitioner’s

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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.

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Accordingly,

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It is Ordered that the petition for writ of habeas corpus be, and hereby is,
Dismissed.

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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.

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Date: July 13, 2021

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__________________________________

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Terry J. Hatter, Jr.
Senior United States District Judge

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Order – Page 2 of 2