Black v. Decker

Background

Carol Black, a lawful permanent resident of the United States, was detained by Immigration and Customs Enforcement under 8 U.S.C. § 1226(c) while his immigration proceedings were pending. The Government asserted that Black’s prior New York convictions made him removable and subject to mandatory detention. He had been detained since December 4, 2019, at the Orange County Jail and had attended seven master calendar hearings without receiving a bond hearing.

Black filed a petition under 28 U.S.C. § 2241 seeking several forms of relief: an order preventing his transfer outside the New York City area while the case was pending; immediate release based on substantive due process; alternatively, an individualized bond hearing; and an order preventing re-detention after release, subject to ordinary immigration bond terms.

Medical-care and COVID-19 claims

Black alleged that he had a congenital heart condition and that the jail’s medical care placed him at serious risk, particularly during the COVID-19 pandemic. He pointed to repeated chest pain and dizziness and argued that the jail had not performed additional testing or arranged outside treatment.

The court denied release based on unconstitutional conditions of confinement. It did not decide whether Black had shown a sufficiently serious medical need because it found that he had not shown deliberate indifference—meaning a reckless failure to take reasonable care despite knowledge, or reason to know, of an excessive health or safety risk. The medical records showed repeated examinations, five electrocardiograms, and a chest x-ray, with minor or no abnormalities. The court also found that the jail had implemented multiple COVID-19 precautions and that Black’s complaints did not establish a constitutional violation. His request for a bail hearing under the cited case law was also denied because the court found that the petition did not raise substantial claims and that extraordinary circumstances were absent.

Prolonged detention

The court separately considered whether Black’s detention without an individualized bond hearing had become unreasonably prolonged and therefore violated due process. It examined factors including the length of detention, responsibility for delay, defenses to removal, the relationship between the detention period and his criminal sentence, the nature of the detention facility, the nature of the underlying crimes, and whether the detention was nearing an end.

The court found that Black had been detained for more than seven months without a bond hearing, had not unreasonably delayed the immigration proceedings, was asserting defenses to removal, had received probation rather than a prison sentence for the convictions at issue, and was held in a penal institution. The nature of his underlying crimes favored the Government, but the court found it unclear when his detention would end. On balance, the court held that continued detention without an individualized bond hearing violated due process.

Bond-hearing requirements and disposition

The court held that Black was entitled to an individualized bond hearing before an immigration judge to decide whether he posed a flight risk or danger to the community. At that hearing, the Government must prove those facts by clear and convincing evidence. The immigration judge must also consider Black’s ability to pay and alternative conditions that could ensure his appearance.

The petition was granted in part. Respondents were ordered to provide the hearing by August 6, 2020. If they failed to do so, they were ordered to release Black from detention. The Government was also ordered to file a status letter by August 7, 2020. The petition was denied in all other respects, and the Clerk of Court was directed to close the case.