The court denied the petitioner's request for bail in connection with his habeas petition, concluding he did not satisfy the exhaustion requirement for habeas relief, because he could have requested a bond redetermination in his immigration case. The court noted that if “Petitioner is denied release on bond by an [Immigration Judge], or if an IJ cannot timely hear Petitioner’s request for an initial bond redetermination, Petitioner can again move for a TRO on short notice.”
R.F. v. Tsoukaris, 20-cv-05647, No. 25 (D.N.J. May 20, 2020)
DETAILS
Decision
Date
5/20/2020
Practice Area
Immigration
Relief Requested
Improved Conditions, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
New Jersey
Type of Case
Individual
Case Characteristics
Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
20-cv-5647-JMV
MORE CASE INFORMATION
Court Name
D.N.J.
Decision
Motion Denied
Place of Incarceration
Immigrant Detention
Name of Facility
Essex County Correctional Facility (“ECCF”)
Legal Authority
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Petitioner was charged with simple assault (dismissed 5/4/20) - placed in civil immigration detention as a result; Charged with Removability
COVID-19 in Jail Prison or Detention Center
Not Discussed
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.
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