An individual who tested positive for COVID-19 and presented symptoms was denied a TRO seeking release from immigration detention. The court found that the public interest weighed against releasing an individual who had tested positive, did not have any underlying preexisting conditions, was receiving adequate care in detention, and whose condition appeared to be improving. Furthermore, the court held that the individual's right to counsel was not restricted in violation of the Fifth Amendment because he had not alleged facts indicating that he had suffered an injury in his immigration proceedings by virtue of limits on attorney visits and private spaces for attorney-client calls were available.
Sergio S.E. v. Rodriguez, No. 2:20-cv-03982-JMV, Dkt. No. 15 (D.N.J. May 4, 2020)
Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Type of Case
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
Elizabeth Contract Detention Facility
Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
§ 2241 Habeas
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.