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Immigration Law

Partial Bond Habeas Victory: Onosamba-Ohindo v. Barr

Onosamba-Ohindo v. Barr

"Petitioners/plaintiffs Junior Onosamba-Ohindo (“Class Petitioner”) and Antonio Lopez Agustin (“Subclass Petitioner”) (collectively “Petitioners”) have filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 and complaint for declaratory and injunctive relief, purportedly on behalf of themselves and all other persons similarly situated. (Dkt. 1 (“Petition”)). At the time the Petition was filed, Petitioners were both civil immigration detainees held under 8 U.S.C. § 1226(a) pending their removal proceedings. Petitioners seek: class certification; a declaratory judgment that the “actions, practices, policies, and/or omissions” of defendants/respondents William Barr, the United States Department of Justice (“DOJ”), James McHenry, the Executive Office for Immigration Review (“EOIR”), Matthew Albence, Chad F. Wolf, and Jeffrey Searls (collectively “Respondents”) violate the Immigration and Nationality Act (“INA”) and its implementing regulations, the Administrative Procedure Act (“APA”), and the Fifth Amendment to the U.S. Constitution; a declaratory judgment that each class member is entitled to a custody hearing at which the government bears the burden to justify continued detention by proving by clear and convincing evidence that the detained individual is a danger to others or a flight risk; and an order stating that each class member must be released unless provided with such a custody hearing. (Id. at 18-19). Presently pending before the Court are Petitioners’ motion for class certification (Dkt. 2), Petitioners’ motion for a preliminary injunction (Dkt. 15), and Respondents’ motion to dismiss for lack of jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1) and for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) (Dkt. 22). For the reasons that follow, the Court grants in part and denies in part Respondents’ motion to dismiss; grants in part, denies in part, and reserves decision in part on Petitioners’ motion for class certification; and grants in part and denies in part Petitioners’ motion for a preliminary injunction."