The court granted a TRO for a group of petitioners with several pre-existing and chronic medical conditions, granting their immediate release from immigration detention. The court reasoned that petitioners' "continued confinement in ICE detention centers where COVID-19 is present and without adequate protection for their health violates their due process rights" and that "Respondents have exhibited, and continue to exhibit, deliberate indifference to Petitioners’ medical needs."
Basank v. Decker, 20-cv-2518 AT, 2020 WL 1481503 (S.D.N.Y. Mar. 26, 2020)
DETAILS
Decision
Date
3/26/2020
Practice Area
Immigration
Relief Requested
Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
New York
Type of Case
Group
Case Characteristics
Immigrant Detention, Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
No
Case Tracking Number
1:20-cv-02518-AT
MORE CASE INFORMATION
Court Name
S.D.N.Y.
Decision
Motion Granted
Place of Incarceration
Local / County Jail
Name of Facility
Essex County Correctional Facility, Hudson County Correctional Facility, Bergen County Jail
Legal Authority
Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
Legal Authority
§ 2241 Habeas
Release Conditions
TRO to expire 4/9/20; respondents must show cause why the TRO should not be converted to a preliminary injunction.
Convictions
Controlled substances trafficking; Misdemeanor marijuana convictions (convictions only noted for petitioners detained under 8 USC § 1226(c))
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.