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George v. Barr

No Indifference Shown Immigration Detainee's Medical Needs During COVID-19 Pandemic

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DECISION & ORDER   The petitioner, Rony George,1 is a civil immigration detainee currently held at the Buffalo Federal Detention Facility (“BFDF”) in Batavia, New York. George seeks habeas corpus relief, including an injunction releasing him. See Docket Item 12. He claims that his continued detention during the COVID-19 pandemic violates his right to substantive Due Process under the Fifth Amendment. Id.2 More specifically, George claims that “[t]he unconstitutional conditions in BFDF not only exposed [him] to a severe infection of COVID-19, they have caused needless suffering, hindered his convalescence, and left him vulnerable to long-lasting damage, co-infections, and re-infections.” Id. 3. For example, George claims that when he “has asked for additional Tylenol, he has been denied.” Id. 72. “He has been bleeding out of his nose and coughing often, sometimes coughing up phlegm,” he says, but he “has never been given cough medicine or even cough drops.” Id.

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