Court denied habeas petition of an immigrant male from Somalia, who had achieved permanent citizenship status before his convictions, upon which he was ordered to be removed to Somalia, on the grounds that his detention was under the one-year mark and was not yet unreasonable. The Court also stated that although his proceedings were not likely to conclude in the near future, his detainment was not unreasonable at this time.
Tahlil v. Moniz, No. 20-cv-10847, Dkt. No. 14 (D. Mass. May. 20, 2020).
DETAILS
Decision
Date
5/20/2020
Practice Area
Immigration
Relief Requested
Bond Hearing, Delayed Surrender, Implementing Release Procedures, Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
Massachusetts
Type of Case
Individual
Case Characteristics
Elderly, Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
1_20-cv-10847-PBS
MORE CASE INFORMATION
Court Name
D. Mass.
Decision
Motion Denied
Place of Incarceration
Immigrant Detention
Name of Facility
Plymouth County Correctional Facility
Legal Authority
Eighth Amendment - Deliberate Indifference, Procedural Due Process (both 14th and 5th Amendments), Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Domestic violence assault, felony assault, and unlawful possession of Clonazepam
Case Status
Decision Made But Case Still Pending
Compassionate Release Exhaustion Holdingsin Federal Case
An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request.
Pre-Existing Health Conditions
Age, Asthma, Cancer, Cardiac Disease, Hepatitis, Hypertension (high blood pressure), Medication-Related Immunocompromise, Obesity, Other, Dementia, history of strokes and heart attacks
COVID-19 Positive or Symptomatic
Not discussed
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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