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Remedies Keyed to Tabb, 8th
Hope v. Warden York County Prison
Citation:
956 F.3d 156 (2020)Facts
On April 3, 2020, twenty immigration detainees housed at York County Prison and Pike County Correctional Facility filed habeas corpus petitions under 28 U.S.C. § 2241, seeking immediate release based on claims that their underlying health conditions placed them at imminent risk of death or serious injury if they remained detained during the COVID-19 pandemic. The petitioners simultaneously moved for a temporary restraining order. Without waiting for any response from the Government, the District Court granted the TRO on April 7, 2020, finding irreparable harm and likelihood of success on the merits, and ordered the immediate release of all petitioners on their own recognizance. The Government moved for reconsideration and stay the same day, and the District Court granted reconsideration and stayed its order. After reviewing submissions from both parties, the District Court denied reconsideration on April 10, 2020, lifted the stay, and again ordered immediate release until Pennsylvania’s COVID-19 state of emergency is lifted. Nineteen of the twenty petitioners were released during a brief window before the Third Circuit granted a temporary administrative stay.
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