The petitioner in this case sought a temporary restraining order to be released from immigration detention at the Yuba County Jail. Mr. Doe had been detained for four years pending the adjudication of his asylum case, during which time he had been transferred six times between three different facilities. Mr. Doe suffered from severe mental illness due to the experiences that formed the basis for his asylum petition. The court granted the TRO and ordered Mr. Doe be released, relying on a statement from a doctor that Mr. Doe’s mental illness (and possibly one of his medications) weakened his immune system, putting him at increased risk of serious infection or death were he to contract COVID-19. At the time of the filing, Mr. Doe was confined in a pod with someone who was symptomatic. The court relied on Bell v. Wolfish to find that Mr. Doe was likely to succeed on the merits of his Fifth Amendment claim.
Doe v. Barr, No. 1:20-cv-02263-RMI (N.D. Cal. 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
California
Type of Case
Individual
Case Characteristics
Immigrant Detention, Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
No
Case Tracking Number
1:20-cv-02263-RMI
MORE CASE INFORMATION
Court Name
N.D. Cal.
Decision
Motion Granted
Place of Incarceration
Local / County Jail
Name of Facility
Yuba County Jail
Legal Authority
Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Legal Authority
§ 2241 Habeas
Release Conditions
Petitioner was required to shelter in place at an address to be specified in a later order and update the court of any changes in address, including proposed inpatient treatment facilities, through his counsel; Petitioner needed to be transported to the shelter in place address by someone whose name should be specified to the court; Petitioner was not allowed to leave that address except to attend court proceedings, obtain medical care, or obey any DHS orders; Petitioner was not to violate any laws. Counsel for both parties were ordered to confer to present any additional release plans they believed necessary.
Convictions
Two criminal convictions for public intoxication, a domestic violence conviction, and one conviction for going to his wife’s house in violation of a protective order.
Case Status
Decision Made But Case Still Pending
Motions Partially Granted
The motion was granted based on the understanding that the parties would formally submit a joint release plan: "Accordingly, the court will conditionally grant Petitioner’s motion, as described below, pending the formulation of a forthcoming release order that would contain reasonable conditions of release."
Pre-Existing Health Conditions
Anxiety, Cognitive Disability, Depression, Medication-Related Immunocompromise, PTSD, Serious and Persistent Mental Illness (SPMI), Substance Use Disorder
Pre-Existing Health Conditions Notes
Medication-Related Immunocompromise (anti-depressant), Serious and Persistent Mental Illness (SPMI) (major depressive disorder with psychotic features, suicidality), Substance Use Disorder (alcohol)
COVID-19 Positive or Symptomatic
No
COVID-19 in Jail Prison or Detention Center
No
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.