Release granted in immigration habeas under § 2241 and temporary restraining order. Court rejected Government’s challenge to standing. On “reasonable safety” claim (akin to deliberate indifference), the court conducted a detailed analysis and found (1) that ICE was subjectively aware of the risk; (2) that petitioner faced a high risk given Government’s inability to screen for asymptomatic carriers and jail conditions, deeming NWIPC’s mitigating measures “positive” but “not . . . adequate” despite the lack of confirmed cases there; (3) that ICE’s mitigation measures, including its Pandemic Response Plan, had “several glaring deficiencies,” primarily the failure to provide for social distancing or protect high-risk individuals; and (4) that these deficiencies caused harm. Court also found that the petitioner’s conditions of confinement were excessive in relation to the Government’s purposes.
Elderly, Immigrant Detention, Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
No
Case Tracking Number
2:20-cv-00495-RSM
MORE CASE INFORMATION
Court Name
W.D. Wash.
Decision
Motion Granted
Place of Incarceration
Immigrant Detention
Name of Facility
Northwest ICE Processing Center (NWIPC)
Legal Authority
Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Legal Authority
§ 2241 Habeas
Release Conditions
Reasonable conditions of supervision to be set by ICE.
Convictions
Possessing one pound of methamphetamine with intent to distribute.
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.