LIZAMA GUTIERREZ v. Hott, No. 1:2020cv00712 - Document 33 (E.D. Va. 2020)
Court Description: MEMORANDUM OPINION. Signed by District Judge Leonie M. Brinkema on 07/27/2020. (choy, )
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LIZAMA GUTIERREZ v. Hott Doc. 33 Case 1:20-cv-00712-LMB-IDD Document 33 Filed 07/27/20 Page 1 of 12 PageID# 735 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division RODRIGO LIZAMA GUTIERREZ and VICTOR QUINTANILLA GALLEGOS, Petitioners-Plaintiffs, l:20-cv-712(LMB/IDD) RUSSELL HOTT.etal.. Respondents-Defendants. MEMORANDUM OPINION Petitioners-plaintiffs Rodrigo Lizama Gutierrez("Lizama Gutierrez") and Victor Quintanilla Gallegos("Quintanilla Gallegos")(together,"petitioners") have filed a Corrected Petition for Writ of Habeas Corpus and Mandamus and Complaint for Injunctive and Declaratory Relief("Petition") pursuant to 28 U.S.C. ยง 2241, in which they allege that their prolonged detention in the custody of United States Immigration and Customs Enforcement("ICE") violates their right to due process under the Fifth Amendment to the United States Constitution. Respondents-defendants ICE; Russell Hott, in his official capacity as the Washington Field Office Director ofICE; Chad F. Wolf,in his official capacity as Acting Secretary of Homeland Security; and Matthew T. Albence, in his official capacity as Acting Director ofICE (collectively,"respondents") oppose the Petition. The Petition originally included five other claims, two of which have been dismissed because the plaintiffs concede that they are moot, and three of which were severed and reassigned to the Honorable Liam O'Grady because they are related to a civil action pending before that judge. See Toure v. Hott. No. l:20-cv-395. Although petitioners initially asked the Court to order that they be immediately released, the Court informed the parties during an on- Dockets.Justia.com Case 1:20-cv-00712-LMB-IDD Document 33 Filed 07/27/20 Page 2 of 12 PageID# 736 Case 1:20-cv-00712-LMB-IDD Document 33 Filed 07/27/20 Page 3 of 12 PageID# 737 Case 1:20-cv-00712-LMB-IDD Document 33 Filed 07/27/20 Page 4 of 12 PageID# 738 Case 1:20-cv-00712-LMB-IDD Document 33 Filed 07/27/20 Page 5 of 12 PageID# 739 Case 1:20-cv-00712-LMB-IDD Document 33 Filed 07/27/20 Page 6 of 12 PageID# 740 Case 1:20-cv-00712-LMB-IDD Document 33 Filed 07/27/20 Page 7 of 12 PageID# 741 Case 1:20-cv-00712-LMB-IDD Document 33 Filed 07/27/20 Page 8 of 12 PageID# 742 Case 1:20-cv-00712-LMB-IDD Document 33 Filed 07/27/20 Page 9 of 12 PageID# 743 Case 1:20-cv-00712-LMB-IDD Document 33 Filed 07/27/20 Page 10 of 12 PageID# 744 Case 1:20-cv-00712-LMB-IDD Document 33 Filed 07/27/20 Page 11 of 12 PageID# 745 Case 1:20-cv-00712-LMB-IDD Document 33 Filed 07/27/20 Page 12 of 12 PageID# 746
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