In brief
Jose Contreras-Cervantes, a Michigan resident diagnosed with chronic myeloid leukemia, has received a favorable ruling from a U.S. District Judge, mandating that he either be released from immigration custody or provided with a bond hearing. This decision comes as part of a broader challenge against policies from the Trump administration that denied bond hearings for undocumented immigrants. Contreras-Cervantes, who has lived in the U.S. for 20 years, was recently detained and denied timely medical care. His attorney argues that such detentions violate due process rights.
DETROIT — A Michigan man who is facing deportation while battling life-threatening leukemia must be released from custody or granted a bond hearing in immigration court, per a judge's ruling.
This ruling is a notable victory for Jose Contreras-Cervantes and seven other plaintiffs, represented by the American Civil Liberties Union of Michigan. If granted bond, these individuals can reunite with their families while navigating through the immigration court system.
Under previous policies from the Trump administration, bond hearings for undocumented immigrants have been largely denied, regardless of their lack of criminal histories. This recent decision reflects a challenge to these policies, akin to successful lawsuits previously filed in various parts of the country.
U.S. District Judge Brandy McMillion stated, Without first evaluating each petitioner’s risk of flight or dangerousness, their detention is a violation of due process rights under federal law. The judge has called for bond hearings to occur within seven days and has requested an update by October 27.
Contreras-Cervantes, aged 33, was diagnosed last year with chronic myeloid leukemia and has been informed that he typically has just four to six years to live. He has been in the U.S. for approximately 20 years but is not a legal resident. His detention commenced following a traffic stop earlier this August, during which he was arrested. His wife, Lupita Contreras, an American citizen, expressed concerns about his well-being, mentioning he was without medication for 22 days before receiving his treatment.
The case currently sees the U.S. Justice Department advocating against the lawsuit, arguing it may have been improperly filed. Whether they will pursue an appeal remains uncertain. As circumstances unfold, immigrants like Contreras-Cervantes continue to seek clarity and support as they face potential deportation while managing critical health issues.
