Case: La O Munoz v. Wolf

4:20-cv-02206 | U.S. District Court for the Southern District of Texas

Filed Date: June 23, 2020

Closed Date: July 31, 2020

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Case Summary

This petition for writ of habeas corpus was filed on June 23, 2020 in the U.S. District Court for the Southern District of Texas. Represented by private counsel, the petitioners were immigrant detainees held at the Joe Corley Detention Facility in Conroe, Texas. They brought this claim against Acting Secretary of U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, ICE Field Office Director Patrick Contreras, Attorney General William Barr, and Facility Warden Randy Tate. The petitioners were three Cuban citizens and one Honduran citizen. As their home countries were not accepting deportees from the U.S., they were held in ICE custody for a prolonged period of time. They argued that the Joe Corley Detention Facility was doing an inadequate job at protecting against the spread of COVID-19, violating their Fifth Amendment Due Process rights and habeas corpus. The petitioners requested a writ of habeas corpus or, in the alternative, injunctive relief releasing the detainees immediately.

The court rejected all of the plaintiffs' requests on July 6, 2020. The court held that the petitioners can only use habeas corpus to protest the fact of their confinement or the duration of their confinement, but not the conditions of their confinement. Regarding injunctive relief, the court found that petitioners were not likely to succeed on the merits of the case, and so it refused to grant the injunctive relief.

On July 31, the plaintiffs filed a notice of voluntary dismissal because each of the plaintiffs had been released from Joe Corley Detention Facility. The court granted the plaintiffs notice of dismissal that same day. The case is now closed.

Summary Authors

Jack Hibbard (8/20/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17287661/parties/la-o-munoz-v-wolf/

Judge(s)

Gilmore, Vanessa D. (Texas)

Attorney for Plaintiff

Durst, Lee G. (New York)

LeGrand, Andrew Patrick (Texas)

Marquart, Katherine Michelle (New York)

Monroe, Alayna Leigh (California)

Attorney for Defendant

Judge(s)

Gilmore, Vanessa D. (Texas)

Attorney for Plaintiff

Durst, Lee G. (New York)

LeGrand, Andrew Patrick (Texas)

Marquart, Katherine Michelle (New York)

Monroe, Alayna Leigh (California)

Parker, Nicholas M. (California)

Patel, Pooja R. (Texas)

Attorney for Defendant

Wiley, Ariel Nicole (Texas)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

4:20-cv-02206	Docket [PACER]	July 31, 2020	July 31, 2020 Docket
1 4:20-cv-02206	Verified Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241 and Complaint for Declaratory and Injunctive Relief	June 23, 2020	June 23, 2020 Complaint
9-1 4:20-cv-02206	Memorandum of Law in Support of Petitioners-Plaintiffs' Motion for Temporary Restraining Order	June 26, 2020	June 26, 2020 Pleading / Motion / Brief
19 4:20-cv-02206	Respondents' Response to Temporary Restraining Order	June 30, 2020	June 30, 2020 Pleading / Motion / Brief
24 4:20-cv-02206	Order	July 6, 2020	July 6, 2020 Order/Opinion
25 4:20-cv-02206	Plaintiffs' Notice of Voluntary Dismissal	July 31, 2020	July 31, 2020 Pleading / Motion / Brief

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Opinion: Cuban ICE detainee exposes unsafe Texas facilities, pleads for release to help battle coronavirus Roger Ernesto La O Muñoz	My name is Roger Ernesto La O Muñoz, and I am currently detained in the Joe Corley Detention Facility located in Conroe, Texas. I fled Cuba to escape physical and psychological torture including extr…	April 19, 2020	April 19, 2020 https://web.archive.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17287661/la-o-munoz-v-wolf/

Last updated April 11, 2026, 4:41 a.m.

ECF Number	Date	Description	Link
1	June 23, 2020	PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number 0541-24836347) filed by Hugo Sanchez-Valdes, Jorge Luis Morales-Diaz, Roger Ernesto La O Munoz, Kelvin Armando Ulloa Escobar. (Attachments: # 1 Declaration of Nicholas M. Parker, # 2 Parker Decl. Ex. A, # 3 Parker Decl. Ex. B, # 4 Parker Decl. Ex. C, # 5 Civil Cover Sheet)(LeGrand, Andrew) (Entered: 06/23/2020)	RECAP
2	June 24, 2020	MOTION for Lee G. Dunst to Appear Pro Hac Vice by Roger Ernesto La O Munoz, Jorge Luis Morales-Diaz, Hugo Sanchez-Valdes, Kelvin Armando Ulloa Escobar, filed. Motion Docket Date 7/15/2020. (LeGrand, Andrew) (Entered: 06/24/2020)	RECAP
3	June 24, 2020	MOTION for Katherine Marquart to Appear Pro Hac Vice by Roger Ernesto La O Munoz, Jorge Luis Morales-Diaz, Hugo Sanchez-Valdes, Kelvin Armando Ulloa Escobar, filed. Motion Docket Date 7/15/2020. (LeGrand, Andrew) (Entered: 06/24/2020)	RECAP
4	June 24, 2020	MOTION for Alayna Monroe to Appear Pro Hac Vice by Roger Ernesto La O Munoz, Jorge Luis Morales-Diaz, Hugo Sanchez-Valdes, Kelvin Armando Ulloa Escobar, filed. Motion Docket Date 7/15/2020. (LeGrand, Andrew) (Entered: 06/24/2020)	RECAP
5	June 24, 2020	MOTION for Nicholas M. Parker to Appear Pro Hac Vice by Roger Ernesto La O Munoz, Jorge Luis Morales-Diaz, Hugo Sanchez-Valdes, Kelvin Armando Ulloa Escobar, filed. Motion Docket Date 7/15/2020. (LeGrand, Andrew) (Entered: 06/24/2020)	RECAP
6	June 24, 2020	MOTION for Pooja R. Patel to Appear Pro Hac Vice by Roger Ernesto La O Munoz, Jorge Luis Morales-Diaz, Hugo Sanchez-Valdes, Kelvin Armando Ulloa Escobar, filed. Motion Docket Date 7/15/2020. (LeGrand, Andrew) (Entered: 06/24/2020)	RECAP
7	June 24, 2020	Request for Issuance of Summons as to William P. Barr, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad F. Wolf, filed. (Attachments: # 1 Request for Issuance of Summons (U.S. Immigration and Customs Enforcement), # 2 Request for Issuance of Summons (Patrick Contreras), # 3 Request for Issuance of Summons (William P. Barr), # 4 Request for Issuance of Summons (Randy Tate))(LeGrand, Andrew) (Entered: 06/24/2020)	RECAP
8	June 25, 2020	Summons Issued as to Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad F. Wolf, and U.S. Attorney General. Issued summons returned to plaintiff by NEF, filed. (Attachments: # 1 Summons Patrick D. Contreras, # 2 Summons Randy Tate, # 3 Summons U.S. Immigration, # 4 Summons W.Barr)(JacquelineMata, 4) (Entered: 06/25/2020)	RECAP
9	June 26, 2020	MOTION for Temporary Restraining Order by Roger Ernesto La O Munoz, Jorge Luis Morales-Diaz, Hugo Sanchez-Valdes, Kelvin Armando Ulloa Escobar, filed. Motion Docket Date 7/17/2020. (Attachments: # 1 Memorandum of Law in Support of Motion for Temporary Restraining Order, # 2 Appendix of Cited Cases, # 3 Appx. Ex. 1, # 4 Appx. Ex. 2, # 5 Appx. Ex. 3, # 6 Appx. Ex. 4, # 7 Appx. Ex. 5, # 8 Appx. Ex. 6, # 9 Appx. Ex. 7, # 10 Appx. Ex. 8, # 11 Appx. Ex. 9, # 12 Appx. Ex. 10, # 13 Appx. Ex. 11, # 14 Appx. Ex. 12, # 15 Appx. Ex. 13, # 16 Proposed Order)(LeGrand, Andrew) (Entered: 06/26/2020)	RECAP
10	June 26, 2020	DECLARATION of ALAYNA MONROE re: 9 MOTION for Temporary Restraining Order, filed. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36)(LeGrand, Andrew) (Entered: 06/26/2020)	RECAP
11	June 26, 2020	DECLARATION of NICHOLAS M. PARKER re: 9 MOTION for Temporary Restraining Order, filed. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(LeGrand, Andrew) (Entered: 06/26/2020)	RECAP
12	June 28, 2020	NOTICE of Appearance by Ariel N. Wiley on behalf of William P. Barr, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad F. Wolf, filed. (Wiley, Ariel) (Entered: 06/28/2020)	RECAP
13	June 29, 2020	NOTICE of Setting as to 9 MOTION for Temporary Restraining Order. Parties notified. Motion Hearing set for 7/1/2020 at 10:00 AM in by video before Judge Vanessa D Gilmore, filed. (bthomas, 4) (Entered: 06/29/2020)	RECAP
14	June 29, 2020	ORDER granting 3 Motion for Katherine Marquart to Appear Pro Hac Vice.(Signed by Judge Vanessa D Gilmore) Parties notified.(jdav, 4) (Entered: 06/29/2020)	RECAP
15	June 29, 2020	ORDER granting 2 Motion for Lee G. Durst to Appear Pro Hac Vice.(Signed by Judge Vanessa D Gilmore) Parties notified.(jdav, 4) (Entered: 06/29/2020)	RECAP
16	June 29, 2020	ORDER granting 4 Motion for Alayna Monroe to Appear Pro Hac Vice.(Signed by Judge Vanessa D Gilmore) Parties notified.(jdav, 4) (Entered: 06/29/2020)	RECAP
17	June 29, 2020	ORDER granting 5 Motion for Nicholas M. Parker to Appear Pro Hac Vice.(Signed by Judge Vanessa D Gilmore) Parties notified.(jdav, 4) (Entered: 06/29/2020)	RECAP
18	June 29, 2020	ORDER granting 6 Motion for Pooja R. Patel to Appear Pro Hac Vice.(Signed by Judge Vanessa D Gilmore) Parties notified.(jdav, 4) (Entered: 06/30/2020)	RECAP
19	June 30, 2020	RESPONSE in Opposition to 9 MOTION for Temporary Restraining Order, filed by William P. Barr, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad F. Wolf. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Proposed Order)(Wiley, Ariel) (Entered: 06/30/2020)	RECAP
20	July 1, 2020	SUPPLEMENT to 9 MOTION for Temporary Restraining Order by Roger Ernesto La O Munoz, Jorge Luis Morales-Diaz, Hugo Sanchez-Valdes, filed. (Attachments: # 1 Exhibit A)(bthomas, 4) (Entered: 07/01/2020)	RECAP
21	July 1, 2020	SUPPLEMENT to 19 Response in Opposition to Motion by William P. Barr, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad F. Wolf, filed. (Attachments: # 1 Notice to Appear and Form I-213s)(bthomas, 4) (Entered: 07/01/2020)	RECAP
	July 1, 2020	Minute Entry for proceedings held before Judge Vanessa D Gilmore. MOTION HEARING held on 7/1/2020 re: 9 Motion for Temporary Restraining Order. Arguments presented. The parties may file any supplemental documentation to their pleadings. The Motion for Temporary Restraining Order is taken under advisement. Appearances: Nicholas Parker. Alayna Monroe. Pooja Patel. Ariel Wiley. (Court Reporter: Heather Alcaraz), filed. (bthomas, 4)
	July 1, 2020	Motion Hearing
22	July 2, 2020	SUPPLEMENT to 9 MOTION for Temporary Restraining Order by Kelvin Armando Ulloa Escobar, Roger Ernesto La O Munoz, Jorge Luis Morales-Diaz, Hugo Sanchez-Valdes, filed.(Parker, Nicholas) (Entered: 07/02/2020)	RECAP
23	July 6, 2020	NOTICE of Supplemental Authority re: 19 Response in Opposition to Motion, 21 Supplement by William P. Barr, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad F. Wolf, filed. (Wiley, Ariel) (Entered: 07/06/2020)	RECAP
24	July 6, 2020	ORDER denying 9 Petitioner's Motion for Temporary Restraining Order.(Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Entered: 07/06/2020)	RECAP
25	July 31, 2020	NOTICE of Dismissal as to William P. Barr, Patrick Contreras, Randy Tate, U.S. Immigration and Customs Enforcement, Chad F. Wolf by Hugo Sanchez-Valdes, Jorge Luis Morales-Diaz, Kelvin Armando Ulloa Escobar, Roger Ernesto La O Munoz, filed. (LeGrand, Andrew) (Entered: 07/31/2020)	RECAP
26	July 31, 2020	ORDER OF DISMISSAL granting 25 Notice of Dismissal. Case terminated on 7/31/2020. (Signed by Judge Vanessa D Gilmore) Parties notified. (bthomas, 4) (Entered: 08/03/2020)	RECAP