TRO seeking release granted to individual in immigrant detention with hypertension and cardiac disease. The court noted that although the individual had a criminal record, it included only misdemeanors, and that the fact that he had lived in the United States for thirty years and had a daughter in the country weighs against a finding that he is a flight risk. The court also described the severe health risks present in the detention facility, given dormitory-style housing, lack of masks, and lack of of social distancing around meal times. The court held that as a civil detainee, the individual is entitled to a degree of protection that the detention facility does not provide.
Francisco Hernandez v. Wolf, No. 5:20-cv-00617-TJH-KS, Dkt. No. 17 (N.D. Cal. Apr. 1, 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
Adelanto Detention Center
Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
§ 2241 Habeas
Shelter in place at specified residence; electronic or telephonic monitoring at the discretion of DHS and ICE
Multiple misdemeanors and infractions; four dismissed counts of failure to appear.
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.