The court granted a TRO and immediate release on a § 2241 immigration habeas, despite that individual had been convicted of an aggravated felony. The court held that the individual's PTSD and depression had weakened his immune system, quoting an expert that: "Growing evidence demonstrates that PTSD, anxiety/stress, and depression can lead to decreased immune response and increased risk of infections." The court also noted that "Other countries have identified people with 'severe psychiatric illness' as a group at 'high risk of dying [from COVID-19] regardless of their age.'” The court also waived exhaustion given that administrative remedies could not adjudicate the petitioner's constitutional claim and the petitioner faced ongoing harm in detention. The court held in the petitioner's favor on both his substantive due process and procedural due process claims. Even though the facility was taking steps to prevent the spread of COVID-19, people in the facility "live in close quarters, cannot practice social distancing, do not have masks, and do not have access to adequate disinfecting and cleaning supplies."
Doe v. Barr, 20-cv-2141 (LB), Dkt. No. 27 (N.D. Cal. Apr. 12, 2020)
Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Type of Case
Immigrant Detention, Pre-Existing Health Conditions
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
Yuba County Jail
Procedural Due Process (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
§ 2241 Habeas, § 2241 Habeas Exhaustion
The petitioner must reside with his wife in Oakland and he must shelter in place unless otherwise directed by his parole officer. The petitioner’s parole officer may impose additional conditions.
Second-degree robbery in violation of Cal. Penal Code § 211, with enhancements for bodily injury and use of a weapon.
Pre-Existing Health Conditions
Depression, PTSD, Tuberculosis
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.