Amaya-Cruz et al v. Detroit District Director of U.S. Immigration & Customs Enforcement et al

Justia Dockets & Filings Sixth Circuit Ohio Northern District Amaya-Cruz et al v. Detroit District Director of U.S. Immigration & Customs Enforcement et al

Amaya-Cruz et al v. Detroit District Director of U.S. Immigration & Customs Enforcement et al

Case Number:	1:2020cv00789
Filed:	April 18, 2020
Court:	US District Court for the Northern District of Ohio
Office:	Cleveland Office
Nature of Suit:	Habeas Corpus - Alien Detainee
Cause of Action:	28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federa

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Date Filed	Document Text
April 18, 2020	Filing 35 Amended Opinion and Order For the reasons stated in the Order, the Court GRANTS the First TRO 2 Motion as to Romel Amaya-Cruz and directs his release with the following conditions: Romel Amaya-Cruz must stay with his sister who resides in Cl eveland and self-quarantine in her residence for 14 days. Furthermore, he may not drive any vehicle. Should he abscond from his sister's residence and/or appear for his immigration hearing scheduled on April 29, 2020 or any future hearings, he will be deemed to have forfeited his asylum claim and any right to contest immediate removal from the country. Defendants concede that Amaya-Cruz is at high risk of contracting COVID-19 but that he needs to be detained because he is a danger to the community. He is a danger to the community because of two DUI convictions he received ten years ago. Defendants also contend that he is a flight-risk due to his repeated illegal re-entries into the country. However, he has immigration counsel who is currently representing him so that he may eventually stay in Cleveland with his family. The aforementioned conditions address these concerns. Moreover, everything possible should be done to release high-risk persons from penal institutions at this unique time, both to protect them, the remaining detainees, and the staff.(Related document 34 ) Signed by Judge Dan Aaron Polster on 4/18/2020. (K,K)

Date Filed

Document Text

April 18, 2020

Filing 35 Amended Opinion and Order For the reasons stated in the Order, the Court GRANTS the First TRO 2 Motion as to Romel Amaya-Cruz and directs his release with the following conditions: Romel Amaya-Cruz must stay with his sister who resides in Cl eveland and self-quarantine in her residence for 14 days. Furthermore, he may not drive any vehicle. Should he abscond from his sister's residence and/or appear for his immigration hearing scheduled on April 29, 2020 or any future hearings, he will be deemed to have forfeited his asylum claim and any right to contest immediate removal from the country. Defendants concede that Amaya-Cruz is at high risk of contracting COVID-19 but that he needs to be detained because he is a danger to the community. He is a danger to the community because of two DUI convictions he received ten years ago. Defendants also contend that he is a flight-risk due to his repeated illegal re-entries into the country. However, he has immigration counsel who is currently representing him so that he may eventually stay in Cleveland with his family. The aforementioned conditions address these concerns. Moreover, everything possible should be done to release high-risk persons from penal institutions at this unique time, both to protect them, the remaining detainees, and the staff.(Related document 34 ) Signed by Judge Dan Aaron Polster on 4/18/2020. (K,K)

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