The court granted bail for habeas litigation group member al-Araj, finding that "'the COVID-19 pandemic constitute[d] an exceptional circumstance deserving special treatment in the interests of justice'" and that the litigation group made substantial claims of law likely to succeed on the merits. The court cited Sixth Circuit precedent under Nash v. Eberlin, which "recognized the district court’s 'inherent authority' to grant a habeas petitioner release on bail pending adjudication of the petition’s merits." The court pointed out that the immigration center housing al-Araj had "twelve [active] positive cases for COVID-19." Al-Araj had no criminal history in the U.S., but had a Interpol Red Notice "involving unpaid checks" in Jordan. The court concluded that "although al-Araj ha[d] a Red Notice, this Red Notice diminishe[d] any risk of flight by al-Araj, and he [would] not be a flight risk."
Malam v. Adducci, No. 20-10829, 2020 WL 5891394 (E.D. Mich. Oct. 2, 2020)
Type of Court
Federal District Court
Type of Case
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
Calhoun County Correctional Facility
§ 2241 Habeas
"Habeas litigation group member alAraj’s release is subject to the conditions outlined in this Court’s August 12, 2020 order. (ECF No. 179.) Release under the bail process is to follow the bail process and standard Conditions of Release previously set forth."
No convictions in the U.S. "A conviction in Jordan and Interpol Red Notice (“Red Notice”) involving unpaid checks but note that these were entered in absentia"
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.