The court denied a motion for TRO on behalf of 18 individuals in immigration detention, in a 41-page opinion. Petitioners characterized their claim as a “punitive detention” substantive due process claim, but the court determined it was more properly viewed as a conditions of confinement claim, which is not cognizable through a Section 2241 habeas petition. The court found insufficient evidence justifying release, where (1) ICE has a program for releasing detainees and has been complying with a mandatory injunction, issued in the Fraihat class action, for review of those decisions (2) petitioners are lawfully detained and the majority of them are under final orders of removal and (3) courts have almost uniformly denied broad releases, even when Covid-19 was more of a threat.
Archilla v. Witte, No. 4:20-cv-00596 (N.D. Ala. May 15, 2020)
DETAILS
Decision
Date
5/15/2020
Practice Area
Immigration
Relief Requested
Discovery, Improved Conditions, Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
Alabama
Type of Case
Group
Case Characteristics
Elderly, Immigrant Detention, Low-Level Offenses, Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
No
Compassionate Release Case
No
Compassionate Release Specific Characteristics
Has a significant criminal history, Only served a small portion of their sentence (less than 33%), Went to trial
Case Tracking Number
4:20-cv-00596-RDP-JHE
MORE CASE INFORMATION
Court Name
N.D. Ala.
Decision
Motion Denied
Place of Incarceration
Immigrant Detention
Name of Facility
Etowah County Detention Center (“ECDC”)
Legal Authority
Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), § 2241 Habeas, § 2241 Habeas Exhaustion
Convictions
1. Petitioner Allen Roger Olano-Esparza: convicted of lewd and lascivious acts with a 14-15-year-old;
2. Petitioner Edson Flores: convicted of acting in a manner to injure a child less than 17; convicted of sexual abuse in the first degree-sexual contact with an individual less than 11 years of age (registered sex offender)
3. Petitioner Alex Giovanni Hernandez: convicted of robbery in the second degree; convicted of possession of a firearm by a felon; subsequently convicted of robbery in the second degree and possession of a firearm by a felon
4. Petitioner Tesfa Miller: convicted of false imprisonment; convicted of terroristic threats; convicted of battery
5. Petitioner Karim Golding: convicted of criminal possession of a loaded firearm; convicted of conspiracy to distribute and possess with intent to distribute cocaine base, three counts of distribution and possession with intent to distribute cocaine base, and attempted distribution and possession with intent to distribute cocaine base.
6. Petitioner Sarail Archilla: convicted of conspiracy to possess with intent to distribute cocaine and possession with intent to distribute cocaine; *note - he is also currently in Failure to Comply Status for refusing to cooperate with removal efforts, as he has refused to confirm his citizenship. And, he has been in multiple altercations while in ICE custody and has threatened ICE Officers with physical harm during liaison.
7. Petitioner Randane Junior Williams: convicted of possession with intent to sell a controlled substance (trafficking); *note: violated terms of his probation (after sentencing) and his probation was revoked
8. Petitioner Maxime Peter Blanc: convicted of possession of 15 or more unauthorized access devices (i.e., social security numbers) with the intent to defraud and aggravated identity theft; [again] convicted of possession of 15 or more unauthorized access devices and aggravated identity theft.
9. Petitioner Churvin Roswill Webster: convicted of possession with intent to distribute a controlled substance (cocaine) within 1000 feet of a school zone; convicted of possession of a controlled substance in the third degree (heroin); convicted of bail jumping
10. Petitioner Ray Fuller: convicted of attempted criminal sexual assault
11. Petitioner Kenneth Manning Hernandez: convicted of murder and distribution of cocaine; *note - he was also involved in an altercation while in ICE custody, and became combative toward jail staff causing significant damage to his dorm room
12. Petitioner Sergio Quito: convicted of attempt to possess a sexual performance by a child
13. Petitioner Domingo Castillo: convicted of aggravated assault; he has three prior convictions for assault
14. Petitioner Antonio Melquezideth Castro: convicted of endangering the welfare of a child.
15. Petitioner Gerardo Castellano Geovany: convicted of selling marijuana; ;convicted of selling and manufacturing narcotics; convicted of petty theft
16. Petitioner Landry Mbendeke: **pled guilty** to conspiracy to commit marriage fraud.
Case Status
Decision Made But Case Still Pending
Compassionate Release Exhaustion Holdingsin Federal Case
An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request., An individual does not need to “issue exhaust” (i.e., does not need to mention COVID-19 in their application to the warden in order to rely on it in the motion to the court).
Pre-Existing Health Conditions
Age, Asthma, Cancer, Cardiac Disease, Diabetes, High Cholesterol, Hypertension (high blood pressure), Obesity, Other, Pre-Diabetes, Transient ischemic attacks; history of lower left extremity fracture
Pre-Existing Health Conditions Notes
1. Petitioner Allen Roger Olano-Esparza, 37-years-old: hypertension, kidney stones, and has a thyroid issue
2. Petitioner Edson Flores, 48-years-old: diabetes, high blood pressure, high cholesterol, and chronic inflammation
3. Petitioner Alex Giovanni Hernandez, 48-years-old: hypertension
4. Petitioner Tesfa Miller, 38-years-old: hypertension, high cholesterol, and chronic bronchitis
5. Petitioner Karim Golding, 35-years-old: asthma
6. Petitioner Sarail Archilla, 44-years-old: asthma, allergies, and high blood pressure
7. Petitioner Randane Junior Williams, 30-years-old - NO pre-existing conditions
8. Petitioner Maxime Peter Blanc, 46-years-old: pre-diabetes; hyperlipidemia (high cholesterol); hypertension (high blood pressure); sciatica nerve pain; and allergies
9. Petitioner Churvin Roswill Webster, 57-years-old: asthma and hypertension
10. Petitioner Bakhodir Sabitovich Madjitov, 38-years-old: high blood pressure and shortness of breath
11. Petitioner Ray Fuller, 54-years-old: hypertension, sleep apnea, a deviated septum, and high cholesterol
12. Petitioner Kenneth Manning Hernandez, 61-years-old: hypertension, prostate cancer, and a heart condition
13. Petitioner Sergio Quito, 45-years-old: seizure disorder, stomach ulcers, and has hypertension
14. Petitioner Domingo Castillo, 56-years-old: asthma (he claims)
15. Petitioner Antonio Melquezideth Castro, 34-years-old: intestinal and stomach issues related to stomach cancer as a child, kidney stones, difficulty breathing during exercise related to bronchitis as a child, and abnormal cholesterol
16. Petitioner Gerardo Castellano Geovany, 60-years-old: high blood pressure, and was diagnosed with an irregular heart rhythm in 2017
17. Petitioner Landry Mbendeke, 39-years-old: hypertension and other health conditions
18. Petitioner Joseph Debonnaire Soho, 46-years-old: released from confinement on 4/27/20 on an order of supervision - no medical history mentioned
COVID-19 Positive or Symptomatic
No
Charges
1. Petitioner Bakhodir Sabitovich Madjitov: charged with failure to comply with removal order.
COVID-19 in Jail Prison or Detention Center
Yes
Litigation Database
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.