TRO for release granted to four individuals in immigration detention with severe pre-existing health conditions including asthma, hypertension, and kidney disease, and denied to four individuals with mild or unconfirmed conditions. The court held that intent to punish was not prerequisite for finding of punitive detention so long as the conditions of detention, in light of the petitioners' high-risk status, were "excessive in relation" to the non-punitive purpose of detention. Release was also denied as moot to two individuals who had already been released at the time of the order.
Elderly, Immigrant Detention, Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
No
Case Tracking Number
20-cv-02064-MMC
MORE CASE INFORMATION
Court Name
N.D. Cal.
Decision
Motions Partially Granted
Place of Incarceration
Immigrant Detention
Name of Facility
Yuba County Jail; Mesa Verde ICE Processing Facility
Legal Authority
Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Legal Authority
§ 2241 Habeas
Release Conditions
Petitioners granted release must shelter in place and not leave residence except for medical care, court proceedings, or any DHS orders.
Case Status
Decision Made But Case Still Pending
Motions Partially Granted
The court granted the TRO to four petitioners, denied it to four petitioners on the grounds that they had not shown a clear likelihood of success on the merits, and denied it as moot to two petitioners who had already been released at the time of the order.
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.