The court construed the Petitioner's request for a TRO as a PI, and granted the Petitioner's immediate release from immigration detention. The court found that the jail did not sufficiently protect high-risk individuals like Petitioner, who suffered from conditions like hypertension, lung disease, and hepatitis, from COVID-19, and that Petitioner's continued detainment would violate his constitutional rights and cause irreparable harm to his health. The court ordered that Petitioner be released on bail under "reasonable conditions of supervision."
Renat T. v. Decker, No. CV 20-4658 (MCA), 2020 WL 3819227 (D.N.J. July 8, 2020)
DETAILS
Decision
Date
7/8/2020
Practice Area
Immigration
Relief Requested
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, Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
No
Case Tracking Number
2:20-cv-04658-MCA
MORE CASE INFORMATION
Court Name
D.N.J.
Decision
Motion Granted
Place of Incarceration
Local / County Jail
Name of Facility
Bergen County Jail
Legal Authority
Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Legal Authority
§ 2241 Habeas
Release Conditions
"Reasonable conditions of supervision"
Case Status
On Appeal
Pre-Existing Health Conditions
Hepatitis, Hypertension (high blood pressure), Kidney Disease, Lung Disease, Other, Cholecystitis; Polyposis of the gall bladder; Gastritis; Neuro-muscular syndrome; Pyelonephritis; Vegeto vascular dystonia; Osteochondrosis; Prostatitis; Varicocell on the left side; Discirculatory encephalopathy; Iron deficiency anaemia; Secondary immunodeficiency; Acute bronchitis; Bronchopulmonary dysplasia; Congenital intracranial hypertension; Lack of sensory and motor abilities
Pre-Existing Health Conditions Notes
Cholestatic hepatitis
COVID-19 in Jail Prison or Detention Center
Yes
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.