The Court granted pretrial release on bail for Nunez due to his asthma, pneumonia, and recent hospitalization due to an assault by a prison guard. The Court reasoned that although Nunez had an assault conviction, his most recent charge was for unlawful reentry, a nonviolent offense, and he would be able to quarantine with his daughter and be monitored. The Court also stated that Nunez’s ICE detainer did not weigh against his release under the Bail Reform Act.
United States v. Suazo Nunez, 2020 WL 1911226 (S.D.N.Y. April 20, 2020)
DETAILS
Decision
Date
4/20/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Other, Release, Temporary Restraining Order (TRO), Compensatory and punitive damages and injunctive relief
Type of Court
Federal District Court
Location
New York
Type of Case
Individual
Case Characteristics
Elderly, Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Release Granted
Yes
Compassionate Release Case
No
Case Tracking Number
1:20-mj-01734-UA
MORE CASE INFORMATION
Court Name
S.D.N.Y.
Decision
Motion Granted
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
Name of Facility
Metropolitan Correctional Center
Legal Authority
Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
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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