Ahn

Ahn v. Barr

Good Law
United States District Court, Northern District of CaliforniaMay 4, 20203:20-cv-02604California2,203 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CHOUNG WOONG AHN, et al., Case No. 20-cv-02604-JD

Plaintiffs,

ORDER RE TRO

v. 9 Re: Dkt. No. 7 WILLIAM P. BARR, et al., Defendants.

The three petitioners in this case, Choung Woong Ahn, Salvador Moncada Hernandez and Yao Xeng Saeturn, are in the custody of Immigration and Customs Enforcement (“ICE”) at the Mesa Verde ICE Processing Facility. Dkt. No. 1 ¶ 2. They seek a writ of habeas corpus ordering release under 28 U.S.C. § 2241 on the contention that their custody violates the Due Process Clause of the Fifth Amendment. Petitioners allege that their continued civil immigration detention amounts to an unconstitutional “punishment” because they are medically vulnerable to COVID-19 infection and are exposed to undue risks at the Mesa Verde facility. Id. ¶¶ 55-56. This order resolves petitioners’ application for a temporary restraining order, which they filed shortly after the habeas petition. Petitioners ask to be released pending disposition of the petition “in…

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