Judge orders a path to release for immigrant with leukemia facing deportation

If released on bond from custody, Jose Contreras-Cervantes and seven other plaintiffs could return to their families while their cases wind through immigration court.

DETROIT — A Michigan man facing possible deportation while dealing with life-threatening leukemia must be released from custody or at least be given a bond hearing in immigration court, a judge said.

It's a victory for Jose Contreras-Cervantes and seven other plaintiffs represented by the American Civil Liberties Union of Michigan. If released on bond from Immigration and Customs Enforcement custody, they could return to their families while their cases wind through immigration court.

The Trump administration has refused bond hearings for immigrants who entered the U.S. illegally, even if they lack a criminal record. The policy is a reversal of past practices and has been successfully challenged, including recently in Washington state.

"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, U.S. District Judge Brandy McMillion in Detroit said Friday.

The judge ordered bond hearings within seven days and wants a written update on Oct. 27.