The court granted TRO and immediate release on § 2241 immigration habeas. The decision does not mention any preexisting health conditions that would put the petitioner at higher risk. The Immigration Judge had held that petitioner was subject to mandatory detention. The court held that while facility had "taken measures to mitigate the risk of Covid-19 spreading, its ability to do so is diminishing" since there were "now six confirmed positive cases" and only a small percentage of the population had been tested. Likelihood that petitioner would flee was reduced by the "current global pandemic." Release was "without question" in the public interest since "[a] spread of Covid-19 in this detention facility would be disastrous for the health and safety of those living and working there, as well as the burden it would cause on valuable medical resources."
Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
§ 2241 Habeas
Self-quarantine for 14 days; compliance with all federal, state, and local COVID-19 directives
Misdemeanor reckless endangerment in the first degree
Decision Made But Case Still Pending
COVID-19 Positive or Symptomatic
COVID-19 in Jail Prison or Detention Center
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.