Gil Sanchez v. Decker

Background

Joseph Emmanuel Gil Sanchez, the petitioner, moved on June 13, 2020, for a temporary restraining order and preliminary injunction directing his release from immigration detention at the Orange County Correctional Facility. He based the request on health risks posed by COVID-19. On June 23, 2020, he filed a petition asking for a federal court order reviewing his detention under 28 U.S.C. § 2241. The opinion’s footnote states that he had not filed that petition or another pleading before seeking emergency relief.

The respondents were Thomas Decker, in his official capacity as Director of the New York Field Office of U.S. Immigration and Customs Enforcement, and Chad Wolf, in his official capacity as Acting Secretary of the U.S. Department of Homeland Security.

Court’s Analysis

A preliminary injunction is emergency relief that requires a showing of irreparable harm, a likely chance of success on the claims or sufficiently serious questions combined with a strongly favorable balance of hardships, and consistency with the public interest.

Judge Torres held that Gil Sanchez had not shown a likely chance of success on either his procedural due-process claim or his substantive due-process claim. He provided no evidence showing that he faced a heightened risk of contracting COVID-19 or developing serious complications. The medical records submitted to the court stated that he had “no acute disease” and identified no medical condition other than a “slightly thickened” bladder wall.

The court also found that Gil Sanchez had not provided evidence that the respondents’ actions created unsafe conditions at the facility or failed to adequately remedy those conditions.

Disposition

The court denied Gil Sanchez’s motion for a temporary restraining order and preliminary injunction. The opinion does not state a disposition of the underlying detention-review petition.