Immigration temporary restraining order under § 2241 seeking immediate release. Court granted under substantive due process, holding that petitioner faced “imminent risk of severe illness and potentially death” in detention; “[o]f particular concern” was the fact that “his blood sugar levels [we]re not being tested on a regular basis.” Facility officials’ “significant steps” to mitigate COVID-19 were “inadequate to protect Chavez or to sufficiently address his health needs and particular risks,” given inadequate hygiene supplies and the impossibility of social distancing. Court also held that procedural due process was violated since petitioner had been held for almost a year and his application for relief would likely be further delayed due to the public health emergency.
Chavez Garcia v. Acuff, 20-cv-357 (NJR), 2020 WL 1987311 (S.D. Ill. Apr. 27, 2020)
DETAILS
Decision
Date
4/27/2020
Practice Area
Immigration
Relief Requested
Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
Illinois
Type of Case
Individual
Case Characteristics
Immigrant Detention, Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
No
Case Tracking Number
3:20-cv-00357
MORE CASE INFORMATION
Court Name
S.D. Ill.
Decision
Motion Granted
Place of Incarceration
Immigrant Detention
Name of Facility
Pulaski County Detention Center
Legal Authority
Procedural Due Process (both 14th and 5th Amendments), Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
Legal Authority
§ 2241 Habeas
Release Conditions
Home detention and compliance with all national, state, and local guidance regarding social distancing
Convictions
Attempted burglary, past convictions but these "did not involve crimes of violence and most of them are remote in time"
Case Status
Decision Made But Case Still Pending
Pre-Existing Health Conditions
Diabetes, Hypertension (high blood pressure)
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.
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