DETROIT (AP) — A Michigan man facing possible deportation while battling life-threatening leukemia must be released from custody or at least be granted a bond hearing in immigration court, a judge has ruled. This decision signifies a notable triumph for Jose Contreras-Cervantes and seven other plaintiffs represented by the American Civil Liberties Union of Michigan. If granted bond, they would be allowed to reunite with their families as their immigration cases proceed. The ruling contradicts policies from the Trump administration which previously denied bond hearings for undocumented immigrants, regardless of their criminal records. U.S. District Judge Brandy McMillion stated that not considering individual risks of flight or danger breaches due process rights under federal law. The judge ordered bond hearings within seven days, requiring a written update on October 27. Responding to the lawsuit, the U.S. Justice Department upheld the policy but indicated the case should have been filed at an immigration appeals board instead of federal court, and it remains unclear if they will appeal. Contreras-Cervantes, diagnosed with chronic myeloid leukemia and predicted to live only four to six years, has been in U.S. for nearly two decades. His wife, Lupita, cited that during a recent arrest, Contreras-Cervantes faced a 22-day delay without medication, leading to serious health concerns. Currently, he receives substitute medication at a detention center in Michigan.
Federal Judge Orders Bond Hearing for Leukemia Patient Facing Deportation
Jose Contreras-Cervantes, a 33-year-old man battling leukemia, receives a favorable ruling from a U.S. judge, mandating a bond hearing to determine his immigration status.
A federal judge in Detroit has ordered that Jose Contreras-Cervantes, a Michigan man suffering from chronic myeloid leukemia, either be released from custody or given a bond hearing in immigration court. This ruling offers a significant victory for Contreras-Cervantes and seven others challenging the current immigration detention policies that deny bond hearings. The judge criticized the government's failure to assess individual risks of flight or dangerousness, deeming it a violation of due process rights. The case challenges policies enacted during the Trump administration and seeks fair treatment for those in detention.