Order granting release of immigrant detainee pending appeal of final order of removal, for individual with significant criminal history (convicted of attempted assault and charged with kidnapping, sex trafficking, promoting prostitution, assault, unlawful imprisonment, criminal obstruction of breath). Petitioner suffered from PTSD and Schizophrenia, and his medication left him immunocompromised, rendering him at risk of infection. Citing the rising rates of COVID infection at HCCC, the court granted release.
Durel B. v. Decker, No. 20-cv-3430 (KM), 2020 WL 2731107 (D.N.J. May 22, 2020)
Type of Court
Federal District Court
Type of Case
Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History
Compassionate Release Case
Compassionate Release Specific Characteristics
Has a disciplinary history, Has a significant criminal history
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Immigrant Detention, Federal Medical Center
Name of Facility
Hudson County Correctional Center
Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
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.