Cristian A.R., et al. v. Decker, et al.

Habeas corpus petition seeking release from ICE custody on behalf of five individuals held at the Hudson County and Bergen County Jails based on their medical vulnerabilities to COVID-19.

This case was initially filed in federal court in the Southern District of New York. After it was transferred to the District of New Jersey, on April 6, 2020, the ACLU of New Jersey, the Legal Aid Society, the Bronx Defenders, the ACLU National Prison Project and the ACLU Immigrants’ Rights Project filed an amended Writ of Habeas Corpus and Temporary Restraining Order with the Court requesting the release of a group of immigration detainees from Hudson County and Bergen County Jails because of medical conditions that make them especially vulnerable to COVID-19.

After a full briefing, the Court granted plaintiffs’ motion for a temporary restraining order and ordered the immediate release of all five plaintiffs.

On April 12, 2020, the Court granted plaintiffs’ motion for a temporary restraining order and ordered their immediate release from detention. Plaintiffs are now out of detention and have been able to practice social distancing and heightened hygiene at home.

Plaintiffs have since motioned to convert the temporary restraining order to a preliminary injunction.