In brief
In a significant ruling, U.S. District Judge Brandy McMillion has ordered that Jose Contreras-Cervantes, a Michigan man suffering from terminal leukemia, must either be released from Immigration and Customs Enforcement custody or given a bond hearing within seven days. This order also applies to seven other plaintiffs represented by the ACLU of Michigan, as the Trump administration's policy of denying bond hearings has been challenged successfully in court. The judgment underscores due process rights for individuals in similar situations.
DETROIT (PulseWire) — A federal judge ruled that Jose Contreras-Cervantes, a Michigan man battling life-threatening leukemia, must either be released from custody or be provided a bond hearing in immigration court.
This decision marks a significant victory for Contreras-Cervantes and seven other plaintiffs represented by the American Civil Liberties Union of Michigan. If granted release on bond from Immigration and Customs Enforcement (ICE) custody, these individuals could reunite with their families during their ongoing immigration cases.
The ruling comes as a response to controversial policies set by the Trump administration, which denied bond hearings to immigrants entering the U.S. illegally, regardless of their criminal record. This policy, now reversed in certain regions following legal challenges, has been deemed a violation of due process rights according to the court.
U.S. District Judge Brandy McMillion expressed that individuals must be evaluated on an individual basis to assess risk before detention, emphasizing the necessity for due process.
The judge mandated that bond hearings be held within the next seven days and requested a written update from the Justice Department by October 27.
Contreras-Cervantes, 33, diagnosed with chronic myeloid leukemia last year, was informed he may only have four to six years left to live. His wife, Lupita Contreras, a U.S. citizen, reported that after his recent detention following a traffic stop in suburban Detroit, he was moved multiple times and went without medication for 22 days.
Currently, he is receiving substitute medication at the North Lake Processing Center, a privately operated detention facility in Michigan.
