The court denied release to petitioner on the grounds that "he suffers from no underlying medical condition or other risk factor for serious illness from COVID-19." The court granted a TRO for a bond hearing before an immigration judge, recognizing the irreparable harm that may result from petitioner's continued detention without such a hearing and the relative low cost of implementing the hearing.
Martinez Franco v. Jennings, 456 F. Supp. 3d 1193 (N.D. Cal. 2020)
DETAILS
Decision
Date
4/24/2020
Practice Area
Immigration
Relief Requested
Bond Hearing, Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
California
Type of Case
Individual
Case Characteristics
Immigrant Detention, Significant Criminal History
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
3:20-cv-02474-CRB
MORE CASE INFORMATION
Court Name
N.D. Cal.
Decision
Motions Partially Granted
Place of Incarceration
Immigrant Detention
Name of Facility
Mesa Verde Detention Facility
Legal Authority
Procedural Due Process (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Legal Authority
Immigration and Nationality Act (INA)
Convictions
"He has a number of criminal convictions, several of which are drug related."
Case Status
Decision Made
Motions Partially Granted
The petitioner requested a TRO releasing him from immigrant detention or else ordering a bond hearing before an Immigrant judge. The court denied release but ordered a bond hearing.
COVID-19 in Jail Prison or Detention Center
No
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.