No. 20-7846October Term 2020Decided Feb 22, 2022
Ortiz v. Breslin
The core question is whether the Constitution lets a state keep someone confined solely because approved housing is unavailable.
Case status
- Current stage
- Decided
- Latest event
- Decision released Feb 22, 2022
- What it's about
This case asks whether New York could keep Angel Ortiz in prison after he was otherwise eligible for supervised release because, due to housing restrictions for sex offenders and his indigence, he could not secure approved housing in the community. It also raises whether the State could continue holding him once his full prison sentence had expired.
Question presented
Whether either the Fourteenth Amendment Due Process Clause or the Eighth Amendment ban on cruel and unusual punishment prohibited the State from retaining petitioner in a state facility during the portion of his sentence when he was unable to satisfy the housing condition required by state law for his supervised release to the community.
- Case path
Court of Appeals of New York / Decision released Feb 22, 2022
- Area
Decided Supreme Court case
Briefing
What it's about
Ortiz v. Breslin asks whether New York could keep Angel Ortiz in a state facility after he became eligible for supervised release because he could not secure approved housing. It also asks whether the Constitution allowed the state to keep holding him after his full prison sentence expired.
Vote
The case is pending, and oral argument has not been scheduled. Ortiz argues he had a liberty interest in release when he became entitled to conditional release and again when his full sentence ended.
Impact
The case could affect people who are cleared for release but cannot meet housing rules because they are poor and face strict placement limits. For example, a person may stay locked up longer only because no approved home is available.
What's next
The next sign of movement would be oral argument or another scheduling step from the Court. No decision window is available yet.
What is the main fight in Ortiz v. Breslin?
The case asks whether New York could keep Ortiz confined because he could not find approved housing for supervised release. It also asks about confinement after his sentence expired.
Why could this case matter beyond Ortiz himself?
It could affect indigent people whose release depends on housing they cannot secure. The case raises whether poverty can lead to extra time in custody.
What should court watchers look for next in this case?
Watch for the Court to schedule oral argument or take another procedural step. The prompt says no decision window is available yet.
Decision
What the Court decided
The core question is whether the Constitution lets a state keep someone confined solely because approved housing is unavailable.
Impact
The case could affect people who are cleared for release but cannot meet housing rules because they are poor and face strict placement limits. For example, a person may stay locked up longer only because no approved home is available.
Not official Court text.
Opinion documents
Timing
Decided February 22, 2022
The Court released its decision on February 22, 2022 without hearing oral argument.
Documents
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 2, 2026
- Method
- Methodology