Victory for Immigrant with Leukemia as Judge Orders Bond Hearing
DETROIT (RTW News) — Jose Contreras-Cervantes, a Michigan man facing the threat of deportation while battling life-threatening leukemia, has scored a crucial legal victory. A judge has ruled that he must either be released from custody or at least be granted a bond hearing in immigration court.
This ruling represents a positive development not only for Contreras-Cervantes, aged 33, but also for seven other plaintiffs who are represented by the American Civil Liberties Union (ACLU) of Michigan. If released on bail from the custody of Immigration and Customs Enforcement (ICE), these individuals would be able to reunite with their families while their respective immigration cases are adjudicated.
The ruling comes amid ongoing criticism of the Trump administration's immigration policies that have denied bond hearings to immigrants, even those without criminal records. The administration's stance marks a departure from earlier practices, and this policy has faced successful challenges in various courts, including notable cases in Washington state.
U.S. District Judge Brandy McMillion articulated that failing to evaluate each detainee's risk of flight or potential danger constitutes a violation of their due process rights. In a recent decision, she ordered that bond hearings be conducted within seven days and required a written update by October 27.
In response to the litigation, the U.S. Justice Department defended the existing policy, arguing that the case should have been heard by an immigration appeals board rather than federal court. It remains uncertain whether the department will pursue an appeal against the ruling.
Contreras-Cervantes, originally from Jalisco, Mexico, has been residing in the U.S. for approximately 20 years without legal status. He was apprehended during a traffic stop on August 5 in suburban Detroit. During his transfer between facilities, he endured a period of 22 days without medication, putting his health at further risk. Thankfully, he has since started receiving substitute medication at a privately operated detention center in Baldwin, Michigan, according to ACLU attorney Miriam Aukerman.