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hearingbailrespondent
hearingbailrespondent

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Gomes v. Department of Homeland Security

Facts

The case involves civil detainees at the Strafford County House of Corrections (SCHOC) in Dover, New Hampshire, who are awaiting resolution of their immigration cases. They allege that the conditions of their detention pose a substantial risk of harm due to COVID-19, particularly for those with underlying medical conditions or advanced age. The court noted that as of the date of the order, there were no reported cases of COVID-19 within the jail, but the risk of infection was deemed significant due to the close quarters and shared facilities.

The COVID-19 Pandemic… The dangers COVID-19 presents to human health are well-documented and the number of people infected and killed by COVID-19 has skyrocketed over the past three months.

Issue

The main legal issue was whether the detainees are entitled to bail hearings pending a ruling on the merits of their constitutional claims regarding the conditions of their detention during the COVID-19 pandemic.

The most pressing question at the outset of this case is whether the detainees are entitled to bail hearings pending a ruling on the merits of their constitutional claims.

Rule

The court applied the standard that bail may be granted if a petitioner demonstrates a 'substantial claim of constitutional error' and 'exceptional circumstances.'

After the hearing, the court issued an order holding that the court may grant bail if petitioner demonstrates a 'substantial claim of constitutional error' and 'exceptional circumstances.'

Analysis

The court found that detainees with conditions placing them at higher risk for severe illness or death from COVID-19 had demonstrated a substantial claim that the respondents acted with deliberate indifference to their medical needs. The court emphasized the exceptional danger posed by COVID-19 to these high-risk detainees and held that they were entitled to bail hearings.

At the end of the hearing, the court issued a decision orally from the bench that those detainees with a condition that placed them at higher risk for severe illness or death from COVID-19 had demonstrated a substantial claim that respondents have acted with deliberate indifference to their medical needs.

Conclusion

The court concluded that high-risk detainees are entitled to bail hearings due to the significant risk posed by COVID-19, while it reserved judgment on the lower-risk detainees.

Due to the exceptional danger COVID-19 presents to these high-risk detainees, the court held that they were entitled to bail hearings.

Who won?

The detainees prevailed in part, as the court granted bail hearings for those deemed high-risk due to the potential for severe illness from COVID-19.

The court has answered that question in the affirmative for those detainees who have medical conditions (or are of an age) that render them particularly vulnerable to COVID-19.

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