Court granted TRO seeking immediate release for some individuals but not others in a group immigration § 2241 habeas, all of whom had underlying medical conditions that put them at higher risk for COVID-19. For petitioners who were presumptively positive for COVID-19 the court reserved decision, despite holding that they were at particularly high risk of COVID-19. For presumptively positive individuals, "it would appear their claim is now one sounding in denial of proper medical care for failing to treat their COVID-19 medical needs, and not based on potential exposure." As to petitioners ordered released, even for individuals with "the most serious criminal histories" the court held that stringent conditions of release would be sufficient to protect the public.
Anthony W. v. Anderson, No. 2:20-cv-3704 (BRM), 2020 WL 2121118 (D.N.J. Apr. 17, 2020)
Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Type of Case
Immigrant Detention, Pre-Existing Health Conditions, Significant Criminal History
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Motions Partially Granted
Place of Incarceration
Name of Facility
Elizabeth and Essex County detention facilities
Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
§ 2241 Habeas
Described in separate order
(1) Jason Anthony W.: Controlled substance felony convictions from "several years ago"
(2) Melvin A.A.: Not mentioned.
(3) Juan S.L.: Not mentioned.
(4) Jiaqiang X.: Several white collar crimes.
(5) Isaias R.A.: Not mentioned
(6) Tieku A.: Not mentioned
(7) Nery A.C.M.: Dropped DV charges
(8) Nicolas M.M.: Old DUI conviction, public order convictions, arrest for check forgery.
Decision Made But Case Still Pending
Motions Partially Granted
Motion only granted for petitioners Jason Anthony W., Jiaqiang X., Tieku A., Nery A.C.M. and Nicolas M.M., decision reserved as to Melvin A.A., Juan F.S.L. and Isaias R.A.
(1) Jason Anthony W.: Polyp in nostril that obstructs breathing, corticosteroids that compromise the immune system
(2) Melvin A.A.: High blood pressure, presumptively positive for COVID-19
(3) Juan S.L.: Hypertension, flu-like symptoms
(4) Jiaqiang X.: High blood pressure, cardiovascular disease
(5) Isaias R.A.: Gastritis, infected foot, presumptively positive for COVID-19
(6) Tieku A.: Hypertension, cough for several months.
(7) Nery A.C.M.: Bronchitis, insomnia, painful headaches, crushed lungs that required five surgeries
(8) Nicolas M.M.: Bronchitis, symptoms of asthma
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.