Doe

Doe v. Barr

Good Law
United States District Court, Northern District of CaliforniaDecember 17, 20203:20-cv-02141California902 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division JOHN DOE, Case No. 20-cv-02141-LB

Plaintiff,

ORDER GRANTING HABEAS

v. PETITION

WILLIAM P. BARR, et al., Re: ECF No. 1, 72, 73 Defendants. 16 INTRODUCTION The petitioner, a citizen of Haiti and a lawful permanent resident of the United States, petitioned under 28 U.S.C. § 2241 for his release from immigration custody at the Yuba County Jail on the ground that his medical issues — latent tuberculosis, chronic post-traumatic disorder, and depression — make him vulnerable to COVID-19.1 He challenges his confinement as violations of both substantive and procedural due process under the Fifth Amendment.2 The court previously granted his motions for temporary restraining order and preliminary injunction, and ordered his release.3 The court now grants the petition.

1 Pet. – ECF No.1. Citations refer to material in the Electronic…

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