Hango v. Adducci - Immigration Release and Habeas Petition Denied
Petitioner was detained by ICE in Seneca County Jail in 2019 for purposes of deportation, and he filed a habeas petition seeking a preliminary injunction for immediate release on the grounds that his detention was unlawful. In April 2020, petitioner supplemented his request to raise concerns that pre-existing health conditions "put him at an increased risk of suffering serious illness should he contract" COVID-19 and to argue that continued detention during the pandemic would violate his substantive due process rights (deliberate indifference). The court denied his request for an injunction and for release, finding that the facility's increased safety measures in response to the pandemic were sufficient for due process. Petitioner's "significant flight risk" also weighed against granting release.
Hango v. Adducci, No. 1:19-CV-606, 2020 WL 3271061 (N.D. Ohio June 17, 2020)
DETAILS
Decision
Date
6/17/2020
Practice Area
Immigration
Relief Requested
Preliminary Injunction (PI), Release
Type of Court
Federal District Court
Location
Ohio
Type of Case
Individual
Case Characteristics
Immigrant Detention, Pre-Existing Health Conditions
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
1:19-cv-00606-SL
MORE CASE INFORMATION
Decision
Motion Denied
Place of Incarceration
Local / County Jail
Name of Facility
Seneca County Jail
Legal Authority
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.