The court granted an individual's petition for immediate release from immigration detention, without having to pay the $2,000 bond set by the Immigration Court. The court found that the individual would suffer irreparable harm if release were not granted, as he had a uniquely high risk of suffering severe side-effects from COVID-19 which could be fatal, and the detention center was unable to provide adequate health care to the individual. The court also held that the $2,000 bond set by the Immigration Judge violated due process because it resulted in him being held, despite not being a danger or a flight risk, solely due to his inability to pay.
Hernandez v. Kolitwenzew, No. 20-cv-2088-SLD (C.D. Ill. Apr. 9, 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
Jerome Combs Detention Center
Other, § 2241 Habeas, 8 U.S.C. § 1226(a), Fed. R. Civ. P. 65(b)
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.