Immigration § 2241 habeas TRO grant. The court found the petitioner was at high risk by viewing all of his medical conditions together, even though the CDC “does not specifically list hypertension as a risk factor for a severe case of COVID-19,” he was only 55 years old, only had a BMI of 34.85, and was only borderline diabetic, none of which fall within CDC high risk categories. Court also considered history of recurrent pneumonia as a sign of chronic lung disease and relied on the fact that both men and particularly Black men have been disproportionately affected by COVID-19. As a result of these conditions, the court held that petitioner's continued detention constituted impermissible punishment in violation of due process. The court emphasized the risk of asymptomatic transmission and the impossibility of social distancing in finding Aurora’s mitigation efforts insufficient. The court ordered release despite the fact that the individual had a significant criminal record resulting in his being sentenced to 24 years in prison.
Essien v. Barr, No. 1:20-cv-01034 (WJM), 2020 WL 1974761 (D. Colo. Apr. 24, 2020)
DETAILS
Decision
Date
4/24/2020
Practice Area
Immigration
Relief Requested
Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
Colorado
Type of Case
Individual
Case Characteristics
Immigrant Detention, Pre-Existing Health Conditions, Significant Criminal History
Release Granted
Yes
Compassionate Release Case
No
Case Tracking Number
1:20-cv-01034-WJM
MORE CASE INFORMATION
Court Name
D. Colo.
Decision
Motion Granted
Place of Incarceration
Immigrant Detention
Name of Facility
Aurora Contract Detention Facility
Legal Authority
Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Legal Authority
§ 2241 Habeas
Release Conditions
Home detention, may not leave except for medical treatment and court appearances, no set end date.
Convictions
Racketeering, forgery, and theft for which he was sentenced to 24 years in prison
Case Status
Decision Made But Case Still Pending
Pre-Existing Health Conditions
Age, Hypertension (high blood pressure), Obesity, Other, History of pneumonia, borderline diabetic
Pre-Existing Health Conditions Notes
55 years old, BMI of 34.85
COVID-19 Positive or Symptomatic
Not discussed
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.