The court denied a TRO seeking immediate release from immigration detention based on an underlying § 2241 habeas petition. Petitioner sought release based on (1) danger of COVID-19 and (2) unconstitutional IJ bond hearing. The court denied the first argument on the grounds that the petitioner had not provided any evidence of underlying conditions that would put him at higher risk and also failed to address measures facility was taking, including screening, providing hygiene products, and cohorting. As to petitioner's claim about an unconstitutional bond hearing, the court rejected this argument for failure to exhaust administrative remedies at the BIA.
Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
§ 2241 Habeas
Decision Made But Case Still Pending
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.