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Keywords

contracthabeas corpusleasedue processrespondent

plaintiffinjunctionleaserespondent

Related Cases

Basank v. Decker

Facts

Petitioners, currently detained by ICE in county jails, filed an amended petition for a writ of habeas corpus and an application for a TRO due to the public health crisis posed by COVID-19. They argued that their continued detention in facilities where COVID-19 cases had been identified posed an imminent risk to their health, especially given their underlying medical conditions. The court noted that the jails where they were held had reported confirmed cases of COVID-19 among detainees and staff, exacerbating the risk of infection.

Petitioners, Vasif 'Vincent' Basank, Freddy Barrera Carrerro, Manuel Benitez Pineda, Miguel Angel Hernandez Balbuena; Latoya Legall, Carlos Martinez, Estanlig Mazariegos, Manuel Menendez, Antar Andres Pena, and Isidro Picazo Nicolas, are currently detained by Immigration and Customs Enforcement ('ICE') in county jails where cases of COVID-19 have been identified.

Issue

The main legal issue was whether the petitioners' continued detention in ICE custody during the COVID-19 pandemic violated their constitutional rights and posed an excessive risk to their health.

Rule

The court applied the legal standard for issuing a temporary restraining order, which requires a showing of likelihood of success on the merits, irreparable harm, balance of equities, and public interest. It also referenced the Due Process Clause of the Fifth Amendment, which protects individuals from being deprived of liberty without due process.

'A plaintiff seeking a temporary restraining order must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest.'

Analysis

The court found that the petitioners established a significant risk of irreparable harm due to their underlying health conditions and the conditions of confinement in the detention facilities. It noted that the respondents failed to provide adequate protection against COVID-19 and exhibited deliberate indifference to the health risks posed to the petitioners. The court emphasized that the risk of contracting COVID-19 in such confined spaces was exceedingly high and that the petitioners were likely to succeed on their due process claims.

Petitioners have met their showing of irreparable harm, in establishing the risk of harm to their health and constitutional rights.

Conclusion

The court granted the petitioners' application for a temporary restraining order, ordering their immediate release on their own recognizance and restraining the respondents from arresting them for civil immigration detention purposes during their immigration proceedings.

For the reasons stated below, the TRO is GRANTED, and (1) Respondents, and the Hudson, Bergen, and Essex County Correctional Facilities, are ORDERED to immediately release Petitioners today on their own recognizance, and (2) Respondents are RESTRAINED from arresting Petitioners for civil immigration detention purposes during the pendency of their immigration proceedings.

Who won?

The petitioners prevailed in the case because they successfully demonstrated the threat of irreparable harm and the likelihood of success on the merits of their claims regarding unsafe detention conditions during the COVID-19 pandemic.

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