The court denied a TRO requesting either a bond hearing or release from immigration detention. While petitioner had a high fever and chest pains, jail records showed these appeared to have abated. Petitioner had previously been released on bond that was then revoked because of domestic violence allegations. The court rejected the claims that the prior bond hearings had been constitutionally insufficient. The court also rejected both the deliberate indifference and punitive detention arguments on the grounds that the facility had taken sufficient steps to prevent the spread COVID-19 through screening, testing, quarantining, providing masks, and providing unlimited access to hygiene items like soap.
Immigrant Detention, Parole or Probation Violations
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
2:20-cv-3675-SDW
MORE CASE INFORMATION
Court Name
D.N.J.
Decision
Motion Denied
Place of Incarceration
Immigrant Detention
Legal Authority
Procedural Due Process (both 14th and 5th Amendments), Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Legal Authority
§ 2241 Habeas
Case Status
Decision Made But Case Still Pending
COVID-19 Positive or Symptomatic
Yes
Charges
Domestic violence charges, criminal history involving multiple minor criminal infractions and DUI charges
COVID-19 in Jail Prison or Detention Center
Not Discussed
Litigation Database
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.