Franco-Gonzalez v. Holder

2013 WL 3674492, No. 10-02211 (2013)

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Nature of the Case

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Facts

P filed a Petition for Writ of Habeas Corpus alleging various violations of the Immigration and Nationality Act ('INA'), the Due Process Clause of the Fifth Amendment to the United States Constitution, and Section 504 of the Rehabilitation Act, 29 U.S.C. § 794. P was released from custody on his own recognizance, and under conditions of supervision. P attempted to file a first amended class action complaint seeking to add new plaintiffs and new causes of action and to certify a class of plaintiffs similarly situated to P, i.e., mentally disabled immigrant detainees who are held in custody without counsel. Ps have alleged that Holder (D) detains and places into removal proceedings individuals who are not competent to represent themselves by reason of a serious mental disorder or defect. D imposes on itself no legal obligation to provide representation for such individuals in their immigration proceedings. D also detains Ps for more than six months without providing bond hearings in which it must show by clear and convincing evidence that further detention is justified. D does not dispute these basic facts. Ps filed a motion for partial summary judgment and for a preliminary injunction.