The Court granted petitioner’s preliminary injunction because his preexisting health conditions had not changed since the previous order granting a temporary restraining order (Leandro R.P. v. Decker et. al, No. 20-3853 (KM), Dkt. 29 (D.N.J. April 17, 2020)). The COVID-19 cases at the facility have also increased, such that the harm to petitioner, were he to remain in the facility, is high.
Pena v. Decker, No. 20-cv-03853, Dkt. 43 (D.N.J. May 22, 2020)
DETAILS
Decision
Date
5/22/2020
Practice Area
Immigration
Relief Requested
Bond Hearing, Class Certification, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
New Jersey
Type of Case
Individual
Case Characteristics
Elderly, Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
Release Granted
Yes
Compassionate Release Case
No
Compassionate Release Specific Characteristics
Has a significant criminal history
Case Tracking Number
20-cv-03853-KM
MORE CASE INFORMATION
Court Name
W.D.N.Y.
Decision
Motion Granted
Place of Incarceration
Immigrant Detention, Federal Medical Center
Name of Facility
Hudson County Correctional Center
Legal Authority
Procedural Due Process (both 14th and 5th Amendments), Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
Legal Authority
CARES Act, Pub. L. No. 116-136, First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Immigration and Nationality Act (INA), Other, § 2241 Habeas, U.S.S.G. § 1B1.13
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request., Exhaustion is subject to equitable exceptions., Other, Prior requests (from past years) for conditional release that were denied count towards the exhaustion requirement
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.