Court partially granted TRO seeking release for group of individuals in immigration detention. Court granted for one individual whose health conditions (52 years old, hypertension, swelling of hands and legs, shortness of breath) were sufficient when viewed together to establish that he was at high risk from COVID-19: “Respondent improperly minimizes the serious of the risk to Fofana by arguing that he does not have characteristics that put him in a high-risk category. While the CDC has noted that persons 65 years and older are at greater risk for serious complications, it has also produced a report noting that younger individuals are at risk for serious illness as well.” Government also argued that Fofana had previously violated terms of supervised release. Court denied TRO for individuals who did not have underlying conditions that put them at higher risk. The court rejected the argument that the lack of a case in the facility meant that people had no standing to sue. The court also limited ICE's ability to arrest Fofana for future civil immigration violations until the end of the State of Emergency or until further order of the court.
Immigrant Detention, Parole or Probation Violations, Pre-Existing Health Conditions
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Motions Partially Granted
Place of Incarceration
Name of Facility
Monroe and Chippewa County Jails
Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
§ 2241 Habeas
14-day self-quarantine, obey all Michigan Executive Orders, appear for immigration proceedings, electronic monitoring, ICE may not arrest for immigration purposes until State of Emergency is lifted or until further order of the court
(1) Fofana: Immigration fraud, factual dispute over whether he complied with past conditions of supervision
(2) Others: Disorderly conduct, operating a vehicle on a suspended license, accused of other forms of immigration fraud but unclear if these resulted in convictions
Decision Made But Case Still Pending
Motions Partially Granted
Only one petitioner ordered released, denied release to individuals who did not have underlying conditions that put them at higher risk of COVID-19.
Pre-Existing Health Conditions
Age, Hypertension (high blood pressure), Other, Swelling of hands and legs, shortness of breath
Pre-Existing Health Conditions Notes
(1) Fofana: 52 years old, swelling of hands and legs, shortness of breath
(2) Others: No risk conditions
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.