The petitioners, immigrant detainees with underlying medical conditions, sought release on the grounds that the the defendants had violated the petitioners' Fifth Amendment rights to due process by exposing them to COVID-19 and preventing them from participating in the removal process by reason of their disability. The petitioners were denied bail, and they argued for both a supervisory mandamus and advisory mandamus, each of which the court denied on the grounds that the necessary conditions were not met. Although the court had previously granted bail to forty-two detainees at BCHOC to reduce the spread of COVID-19, the court noted that is was likely the petitioners were not previously granted bail because of their criminal histories.
Da Graca v. Souza, 991 F.3d 60 (1st Cir. 2021)
DETAILS
Decision
Date
03/17/21
Practice Area
Immigration
Relief Requested
Class Certification, Release, Temporary Restraining Order (TRO)
Type of Court
Federal Appellate Court
Location
Massachusetts
Type of Case
Class Action
Case Characteristics
Immigrant Detention, Pre-Existing Health Conditions, Significant Criminal History
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
1:20-cv-10617-WGY
MORE CASE INFORMATION
Court Name
1st Cir.
Decision
Motion Denied
Place of Incarceration
Local / County Jail
Name of Facility
Bristol County House of Correction
Legal Authority
Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
Legal Authority
Rehabilitation Act, § 2241 Habeas
Convictions
Plaintiff 1: carjacking; domestic violence offenses; drug possession; trespassing. Plaintiff 2: rape; outstanding arrest warrant in Brazil. Plaintiff 3: carrying a dangerous weapon; reckless endangerment; criminal trespass; possession with intent to sell a controlled substance. Plaintiff 4: felony armed robbery; aggravated assault with a firearm; felony burglary; carrying a firearm without a license. Plaintiff 5: assault; unlawful sexual touching.
Case Status
Affirmed
COVID-19 Positive or Symptomatic
Not Discussed
COVID-19 in Jail Prison or Detention Center
Not Discussed
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.