ACLU and ACLU of Minnesota file amici curiae brief in support of habeas jurisdiction to enforce rights under First Step Act

Client(s) American Civil Liberties Union Foundation Inc.

On behalf of the American Civil Liberties Union and the American Civil Liberties Union of Minnesota, Jones Day filed an amici curiae brief in the United States Court of Appeals for the Eighth Circuit, arguing that an incarcerated person may enforce a right to pre-release custody under the First Step Act through a writ of habeas corpus. The brief principally argues that habeas jurisdiction extends to these placement challenges because pre-release custody is fundamentally different from incarceration in prison and because the First Step Act creates a mandatory right to such placement.

Osorio-Calderon v. Warden, No. 25-3090 (8th Cir.)