DETROIT — A Michigan man facing the possibility of deportation while battling life-threatening leukemia is to be released from custody or, at the very least, granted a bond hearing in immigration court, marking a significant legal milestone.
Jose Contreras-Cervantes, along with seven other plaintiffs represented by the American Civil Liberties Union (ACLU) of Michigan, received this ruling from U.S. District Judge Brandy McMillion. If granted bond, he and the others would be able to reunite with their families while awaiting proceedings in immigration court.
This case highlights a shift from the previous stance taken by the Trump administration, which denied bond hearings to immigrants without criminal records, disrupting long-standing practices. The Japanese American Citizens League and other civil rights advocates applauded the ruling as a win for due process and civil rights.
Judge McMillion emphasized that failing to evaluate individual risks of flight or danger prior to detention infringes on their due process rights under federal law. The judge's order mandates that bond hearings occur within a week, with a written update expected by October 27.
Contreras-Cervantes, 33, diagnosed last year with chronic myeloid leukemia, faces a grim prognosis of four to six years to live, according to his wife, who is a U.S. citizen. Contreras-Cervantes has lived in the U.S. for around two decades but without legal status. He was apprehended during a traffic stop in suburban Detroit, which led to his detention.
Throughout his detention, he faced a lack of medication for 22 days before claims were raised about his treatment at the North Lake Processing Center, a privately-operated facility in Baldwin, Michigan.
In response, the U.S. Justice Department defended its policy and questioned the legitimacy of the claim filed in federal court rather than at an immigration appeals board. As of now, it remains unclear if an appeal will be launched against the ruling.
