Court granted TRO in part seeking immediate release from immigration detention based on an underlying § 2241 habeas petition. Individual had asthma, hypertension, and latent tuberculosis. While government had legitimate interest in detaining petitioner to protect the community based on his 5 DUI convictions, detaining him under current conditions was excessive relative to that purpose. Court also held that: “The mere fact that no cases have been reported in the Aurora Facility is irrelevant—it is not a matter of if COVID-19 will enter the facility, but when it will be detected there.”
Bond Hearing, Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
California
Type of Case
Individual
Case Characteristics
Immigrant Detention, Pre-Existing Health Conditions, Significant Criminal History
Release Granted
Yes
Compassionate Release Case
No
Case Tracking Number
5:19-cv-05191-EJD
MORE CASE INFORMATION
Court Name
N.D. Cal.
Decision
Motions Partially Granted
Place of Incarceration
Immigrant Detention
Name of Facility
Denver Contract Detention Facility in Aurora, Colorado
Legal Authority
Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Legal Authority
§ 2241 Habeas
Release Conditions
Must obey all governmental shelter-in-place orders, regulations, and protocols; cannot consumer alcoholic beverages and not permitted to drive or operate a motor vehicle; request that parties submit a proposed release date, which could be end of California shelter-in-place order
Convictions
Four misdemeanor DUIs and one felony DUI.
Case Status
Decision Made But Case Still Pending
Motions Partially Granted
Court denied request to enforce previous order to hold a constitutionally valid bond hearing.
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.