In group immigration habeas, Court granted Petitioners’ motion for TRO and ordered release. All of the petitioners had preexisting health conditions that put them at higher risk of COVID-19. While the facilities in question were taking steps to prevent the spread of COVID-19, these were insufficient. Individuals were on lockdown 23.5 hours a day, but during that half hour had to rush through shared spaces to take showers and make phone calls, coming into contact with numerous high-touch surfaces that are insufficiently cleaned. Individuals were not provided with sufficient hygiene products, including soap and cleaning supplies. And staff did not wear masks sufficiently frequently. One of the individuals granted release had a conviction for attempted endangering the welfare of a child.
Immigrant Detention, Pre-Existing Health Conditions
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Local / County Jail
Name of Facility
Bergen County Jail; Hudson County Correctional Center
Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
§ 2241 Habeas
Set out in separate order.
Noe C.M.’s -- DWI and aggravated DWI and unlicensed operation; Santiago C.C.-- DWI; Cristian A.R.-- attempted endangering the welfare of a child; Alvaro N.M.-- old felonies (from early 1990s) and failures to register as a sex offender in 2002 and 2007 related to the 1990s’ felony convictions.
Cristian A.R.--hypertension and Type 2 diabetes; Fedor B.--asthma, high blood pressure, chronic hepatitis B, acute prostatitis (deep infection of the prostate), and post-operative complications of hemorrhoid surgery; Santiago C.C.--hypertension for the past six years and has kidney stones; Noe C.M. --Bell’s Palsy ; Alvaro N.M. --Type 2 diabetes, hypertension, and high cholesterol.
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.