The court denied petitioner’s application for a bond hearing because their immigration detention was not unreasonably prolonged. Petitioner’s asthma, while a factor, did not outweigh the relatively short length of their detention (7 and a half months). Further, as there were no current cases at the facility and petitioner has a lengthy criminal history, the Court found that the Government had a legitimate objective in continuing petitioner’s detention.
Omar v. Moniz, No. 1:20-cv-10846 (PBS), Dkt. 14 (D.Mass. May 20, 2020)
DETAILS
Decision
Date
5/20/2020
Practice Area
Immigration
Relief Requested
Bond Hearing, Release, Temporary Restraining Order (TRO), Vacatur
Type of Court
Federal District Court
Location
Massachusetts
Type of Case
Individual
Case Characteristics
Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History
Compassionate Release Case
No
Compassionate Release Specific Characteristics
Has a significant criminal history
Case Tracking Number
1:20-cv-10846-PBS
MORE CASE INFORMATION
Court Name
D.N.J.
Decision
Motion Denied
Place of Incarceration
Immigrant Detention, Federal Correctional Institution
Name of Facility
Plymouth County Correctional Facility
Legal Authority
Procedural Due Process (both 14th and 5th Amendments), Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
Legal Authority
Antiterrorism and Effective Death Penalty Act (AEDPA) [arises with “second or successive habeas petitions”], Bail Reform Act, Bail Pending Sentence or Appeal, 18 U.S.C. § 3143, Bail Reform Act, Bail Pending Trial, 18 U.S.C. § 3142, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, § 2241 Habeas, § 2254 Habeas, § 2255 Habeas, 28 U.S.C. § 455
Convictions
burglary; felony assault; theft; having a weapon while under disability; criminal threatening; unlawful possession of Oxycodone.
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
Other, "The Court concludes that § 3582(c)(1)(A) does not require the Court to wait to consider a compassionate release request if there is a credible claim of serious and imminent harm from this pandemic." Id. at 9.
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