The court granted TRO requesting immediate release from immigration detention based on an underlying § 2241 habeas. All of the petitioners had preexisting health conditions, though some that were not explicitly named by the CDC. The court held that petitioners were likely to show deliberate indifference, since while the jail had taken some steps to prevent the spread of COVID-19, it was not doing enough to specifically monitor individuals at high risk and the jail did not allow for social distancing, since bunk beds were less than six feet apart and there was still mingling in congregate settings. One individual released was subject to mandatory detention.
Louis--breathlessness and chronic pain, as well as anxiety, depression, and PTSD; Valenzuela Arias--lump on the left side of his chest, which requires surgical removal; Velasquez Estrada--reports difficulty breathing, traumatic brain injury that impairs his mental faculties
COVID-19 Positive or Symptomatic
Not discussed
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.