Court granted TRO seeking immediate release from immigration detention based on § 2241 habeas petition. Petitioner had HIV, but government submitted records showing that his CD4 cell count was in the normal range. Court analyzed HIV holistically in the context of his "panoply of conditions that render him severely immunocompromised," including brain lesions, toxoplasmosis, and toxoplasmosis encephalitis. While individual had two past DUIs, the court found that prohibiting driving on release was sufficient. Court emphasized that "everything possible should be done to release high-risk persons from penal institutions at this unique time, both to protect them, the remaining detainees, and the staff."
HIV: CD 4 cell count is within normal range, but HIV present in his body has increased since detention.
COVID-19 Positive or Symptomatic
COVID-19 in Jail Prison or Detention Center
Crowdsourced legal documents from around the country related to COVID-19 and incarceration, organized, collected, and summarized for public defenders, litigators, and other advocates. Created and managed by Bronx Defenders, Columbia Law School’s Center for Institutional and Social Change, UCLA Law COVID-19 Behind Bars Data Project, and Zealous. Mostly federal court opinions, but now expanding to states and legal filings, declarations, and exhibits.
This resource is designed to help lawyers, advocates, researchers, journalists, and others interested in challenging, remedying, or drawing attention to the grave risk that Covid-19 poses to individuals who are detained.