Judge Orders Release or Bond Hearing for Michigan Man Battling Leukemia
DETROIT — Amidst the looming threat of deportation, a Michigan resident grappling with a severe case of leukemia has been granted a crucial legal opportunity. A judge has mandated that Jose Contreras-Cervantes, along with seven others represented by the American Civil Liberties Union (ACLU) of Michigan, must either be released from custody or receive a bond hearing in immigration court.
This ruling comes as a relief for Contreras-Cervantes, who, if released on bond, could reunite with his family while awaiting further immigration court proceedings. The decision challenges the current policy of the Trump administration, which has been denying bond hearings to immigrants who entered the U.S. illegally, regardless of their criminal history. This policy shift has faced successful opposition in several instances, including a recent case in Washington state.
U.S. District Judge Brandy McMillion of Detroit emphasized the importance of assessing each individual’s potential flight risk or danger in her ruling, stating that “without first evaluating each petitioner’s risk of flight or dangerousness, their detention is a violation of due process rights afforded to them” under federal law.
Judge McMillion has ordered that bond hearings take place within a week, with a written update expected by October 27. In defense of its stance, the U.S. Justice Department argued that the case should have been presented to an immigration appeals board rather than a federal court. It remains uncertain if the department will challenge the judge’s decision.
Contreras-Cervantes, a 33-year-old originally from Jalisco, Mexico, was diagnosed last year with chronic myeloid leukemia, a life-threatening bone marrow cancer. His prognosis is grim, with doctors estimating a life expectancy of only four to six years, according to his wife, Lupita Contreras, a U.S. citizen.
Having resided in the United States for approximately two decades without legal status, Contreras-Cervantes encountered legal troubles following an August 5 traffic stop in suburban Detroit, resulting in his arrest. His wife reported that during his time in detention, he was transferred between Michigan and Ohio and was deprived of necessary medication for 22 days.
Presently, Contreras-Cervantes is receiving alternative medication at North Lake Processing Center, a privately run detention facility located in Baldwin, Michigan, according to ACLU attorney Miriam Aukerman.
