Rosemond v. Decker (S.D.N.Y.) - Immigration Request for Bond Hearing or Release Partial Grant
The petitioner, in detention pending removal, filed a habeas petition for release or a constitutionally adequate bond hearing within 7 days. He also filed a motion for immediate interim release due to COVID-19. The court granted the habeas motion after finding that the petitioner's continued detention had become unreasonable. However, the court denied the immediate release motion because it did not find that extraordinary circumstances existed that made the grant of bail necessary in order to make the habeas remedy effective. The court specifically acknowledged that while COVID-19 posed unique and significant challenges, there was no evidence that the petitioner’s health conditions of mental disorders alone made him particularly vulnerable to COVID-19.
Bond Hearing, Implementing Release Procedures, Improved Conditions, Release
Type of Court
Federal District Court
Location
New York
Type of Case
Individual
Case Characteristics
Elderly, Immigrant Detention, Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
7:19-cv-09657-NSR-LMS
MORE CASE INFORMATION
Court Name
S.D.N.Y.
Decision
Motions Partially Granted
Place of Incarceration
Immigrant Detention
Name of Facility
Orange County Correctional Facility
Legal Authority
Eighth Amendment - Deliberate Indifference, Procedural Due Process (both 14th and 5th Amendments)
Sexual abuse in the second degree, in violation of NYPL § 130.60(2), and bail jumping in the second degree, in violation of NYPL § 215.56
Case Status
Decision Made
Motions Partially Granted
Motion requesting a writ ordering release from immigration detention unless a constitutionally adequate bond hearing is scheduled within 7 days was granted. Emergency motion requesting immediate interim release due to COVID-19 was denied in light of the granting of the previous motion.
Pre-Existing Health Conditions
Age, Depression, Hypertension (high blood pressure), Other, Schizophrenia, Substance Use Disorder, No real detail, but referred to classifications such as High Risk 1, High Risk 2, or Pregnant, or who are currently assigned to the Mental Health Delivery System.
Pre-Existing Health Conditions Notes
Alcohol abuse disorder; detailed conditions taken from the Magistrate Judge's R&R
COVID-19 in Jail Prison or Detention Center
Not Discussed
Organization Legal Filings Templates and Decisions
The Bronx Defenders
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.
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.