By Lauren Berg

Law360 (April 10, 2020, 6:37 PM EDT) -- A California federal judge has conditionally released a Jamaican immigrant from a U.S. Immigration and Customs Enforcement detention center in the wake of the deadly coronavirus outbreak, calling ICE's practices at the facility "inadequate" to ensure the safety of detainees during the pandemic.

U.S. Magistrate Judge Donna M. Ryu on Thursday granted Claude Bent's motion for a temporary restraining order seeking his immediate release from ICE custody at the Mesa Verde facility in Bakersfield, finding that the federal government has not implemented adequate preventive measures to protect the "safety and wellbeing" of the detainees during the COVID-19 pandemic.

Bent argued that ICE has not implemented any preventive measures, saying guards in the facility refused to give detainees access to hand sanitizer, liquid soap or bleach, and that they have to clean their own dormitories, according to the order. Judge Ryu noted that the government didn't dispute those assertions and simply said Mesa Verde has "increased sanitation frequency."

"These practices are inadequate to ensure the 'safety and wellbeing' of Mesa Verde detainees during the COVID-19 pandemic," Judge Ryu wrote, citing the U.S. Constitution's provision of keeping government detainees safe.

Bent, 58, who came to the U.S. from Jamaica as a lawful permanent resident at the age of 18, was convicted of voluntary manslaughter and attempted murder in California state court in 2006, according to the order. He was sentenced to 13 years in prison and after he got out was immediately detained by ICE.

Bent has been in ICE custody since July 2016, according to the order, and his removal case is ongoing. In his motion, Bent argued that he faces a particular risk from coronavirus because of his age and underlying conditions of asthma, hypertension and prediabetes.

Bent said the ICE facility isn't doing enough to protect him from the risk of contracting the virus, citing overcrowding and lack of adequate cleaning supplies. Mesa Verde houses 312 detainees out of a capacity of 400, according to the order, and of those, 252 men must live in three dormitories — putting about 84 men in each dormitory.

While the government said they are following Centers for Disease Control and Prevention guidelines, Judge Ryu said it hasn't shown the facility has attempted to implement the CDC recommendation on social distancing in detention facilities, which includes staggering meal and recreation times and rearranging bunks.

"Against the backdrop of this escalating public health crisis, the increased risks posed by detention, and Bent's particular vulnerability, the court holds that Bent has at least raised serious questions that his continued detention in Mesa Verde during the COVID-19 [pandemic] poses risks that are excessive in relation to the government's legitimate objectives," the judge wrote.

Judge Ryu agreed with Bent that he will likely suffer irreparable harm if he continues to be confined in the Mesa Verde facility, noting the number of underlying health conditions he faces.

The government argued that, given Bent's "extensive" criminal history, he is a flight risk and a danger to society, according to the order. Given the current pandemic, however, the judge pointed out that the risk of Bent fleeing is very low and that reasonable conditions can be set to make sure he appears at his deportation proceedings.

Despite his conviction of voluntary manslaughter and attempted murder, the judge said Bent had served his time and that there isn't evidence that he poses a danger to the community.

That being said, the judge set conditions for Bent's release, including that he will live with and shelter in place at his brother's home and will be transported to his brother's home from Mesa Verde under conditions that address the risk of his flight, according to the order.

Bent will be on home detention in his brother's house and will not be able to leave, except to seek medical care, attend immigration court proceedings and obey any order issued by the U.S. Department of Homeland Security, the judge said.

Bent's attorney, Evelyn Wiese of the Central American Resource Center, told Law360 on Friday that she and her co-counsel are gratified by the order, and that they are still working out the details of his release, but aren't sure when he'll be able to get out.

"This is the only safe outcome for Mr. Bent, given his health and the conditions he's facing in ICE custody," Wiese said, noting that her client's health has worsened since he was detained. "My colleagues and I are working with other clients, and we're very aware and scared for so many others who remain in ICE custody during this pandemic."

"It's staggering to me how many people's lives are being put at risk in civil — not criminal — custody," she added.

Recently there have been several pleas from people detained by law enforcement to be released in the wake of the coronavirus pandemic, but judges have had varying responses.

Last month, a Massachusetts federal judge initially rejected the notion of freeing nearly 150 ICE detainees from a jail that's been accused of not doing enough to stop the spread of coronavirus, saying the pandemic is not cause to "empty jails." But last week, the judge agreed to release a handful of ICE detainees at the jail and review 10 cases per day for the rest of the detainees.

On April 1, a group of 1,000 asylum-seekers detained in Louisiana demanded to be released in light of the virus. An attorney for the asylum-seekers told Law360 at the time that "they're all terrified that they're going to be left to die in these facilities."

Counsel for the government declined to comment Friday.

Bent is represented by Laura Victoria Sanchez and Evelyn Wiese of the Central American Resource Center.

The federal government is represented by Julie Bibb Davis of the U.S. Attorney's Office for the Northern District of California.

The case is Claude Bent v. William P. Barr et al., case number 4:19-cv-06123, in U.S. District Court for the Northern District of California.

--Additional reporting by Chris Villani and Emma Whitford. Editing by Orlando Lorenzo.

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