| Amid Coronavirus Jamaican
Released From ICE Custody By SDNY Judge
Hellerstein Medical Records Sealed
By Matthew
Russell Lee, Patreon
BBC
- Decrypt
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Source
SDNY COURTHOUSE,
April 17 – Dudley Grant,
a 53 year old citizen of
Jamaica detained by ICE, on
April 17 argued to be released
amid spread of COVID-19 in the
Hudson County Jail. Inner City
Press covered it.
U.S.
District Court for the
Southern District of New York
Judge Alkin K. Hellerstein
remarked that there is a lack
of testing in society at
large, not only in the jails.
But then he turned to Grant's
medical records, which have
been and apparently will
remain sealed. Among other
things, Grant is in a
wheelchair, and has mental
issues.
Assistant
US Attorney Michael Byars
argued that the habeus corpus
petition should have been
brought in, and could only be
considered by, the court in
New Jersey where the Hudson
County Jail is. Dudley's
lawyers cited a SDNY Judge
Lorna G. Schofield ICE
decisions that Inner City
Press reported on, here.
Grant's lawyers from Bronx
Defenders argued that Thomas
Decker, as Field Office
Director of ICE's New York
office, is the right
responded.
Still, AUSA Byar
argued, What is happening in
the jail is uniquely under the
control of the warden.
Judge Hellerstein disagreed,
saying that this case is about
whether a person vulnerable to
infection should be released
if a safer option can be
identified, including safety
to the community. He took a
35-minute break then returned
with his ruling:
"Respondents
shall release Petitioner from
detention as immediately as
possible, and in no event
later than April 18, 2020 at
1:00 p.m., subject to the
following conditions of
release (as further set forth
in this Order.) All filings
made under seal shall be
unsealed except medical
records, which shall remain
under seal. The parties have
leave until April 20, 2020 at
12:00 p.m. to request specific
additions for sealing. I
intend to issue, in the near
future, a written opinion
expanding upon the findings
and conclusions stated on the
record and in this order. Said
opinion shall not affect the
finality of this order.
(Signed by Judge Alvin K.
Hellerstein on 4/17/2020)."
How much will be
sealed? The case is US v.
Grant, 20-cv-2946
(Hellerstein).
***
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