The court granted a TRO in this § 2241 immigration habeas case, despite the fact that the petitioner had been convicted of attempted murder and voluntary manslaughter. The petitioner was medically vulnerable given that he was 58 years old, and had asthma, diabetes, high cholesterol, hypertension, and hyperlipidemia. While the facility was taking steps to control the spread of COVID-19, these were inadequate since there were no provisions for protecting those who are most vulnerable, as well as a failure to implement a number of other CDC guidelines around social distancing. There was also no evidence in the record that Bent currently posed a danger to the community. The government did not point to any concerns about Bent’s behavior iduring his 14 years of incarceration or since he was placed in immigration detention. Despite the seriousness of his criminal conviction, the court held that reasonable conditions of release could be sufficient.
Bent v. Barr, No. 19-CV-06123-DMR, 2020 WL 1812850 (N.D. Cal. Apr. 9, 2020)
Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Type of Case
Immigrant Detention, Pre-Existing Health Conditions, Significant Criminal History
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
Mesa Verde ICE Processing Facility
Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
§ 2241 Habeas
Home detention and shelter-in-place, further conditions to be determined
2006 conviction for voluntary manslaughter and attempted murder; marijuana conviction from 1989
58 years old, his asthma requires treatment by steroids through a QVAR inhaler, an albuterol inhaler, and multiple allergy medications.
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.