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Federal Judge Oregon An immediate release of a 24-year-old immigrant from Mexico has been ordered to be released from the country, who was arrested after a routine asylum hearing before being arrested in Immigration and Customs Enforcement (ICE) detention centers for nearly a month.
Michael H. Simon (Michael H. Oregonian.
Simon approved the man’s habeas protection lawsuit and found that the Ice official was illegal and had no reason to detain the man for violating the Administrative Procedures Act.
A federal judge in Oregon ordered the release of a Mexican immigrant who had been held in an ice detention facility for nearly a month after arresting him after a regular asylum hearing. (Christopher Diltes/Bloomberg by Getty Image)
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The immigrant came to the United States in July 2023, claiming he was threatened by the violent Mexican cartel family Mimokana. U.S. officials asked him to rely on humanitarian reasons for the time being and applied for asylum about a year ago.
On June 5, he went to Portland Immigration Court for an asylum hearing and asked for more time to find a lawyer.
The government proposed to dismiss his asylum case, and the judge dismissed his objection. migrant This decision is still being filed. As soon as he walked out of court, he was arrested by Icefield Agents and taken to Tacoma Detention Center in Washington.
Attorneys at the Innovation Law Laboratory, a nonprofit legal organization in Oregon, which represents immigration, pointed out at the hearing that federal authorities have no legal basis for arresting the man, nor have they formally revoked his temporary parole status, allowing him to stay in the United States.
The judge agreed and said the ICE failed to follow due process because they did not explain or prove why he was arrested.
Government lawyers say the arrest was arrested because it depends on the Secretary of Homeland Security Christie’s name Discretion, but the judge rejected this, saying the executive body must comply with the law and cannot just do everything they want to do.
Aerial view of sports in outdoor recreation area of Tacoma Northwest Ice Processing Center. (David Ryder/Getty Images)
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Simon Oregon asked: “How do we know if the secretary complies with the law unless the secretary tells us … the basis of the ruling.” “The executive must comply with the full purpose of the law and the judiciary set by Congress to ensure that the executive takes only the action authorized by law?”
The government initially claimed that it notified the immigrant in April that his temporary status would end in the month, but later reversed the course in court documents and admitted that his parole was actually valid until July 19, 2025, according to the channel.
The day before his arrest, YZLH obtained a five-year work permit, the result of a change in the policy by the U.S. Citizenship and Immigration Services (USCIS) in October 2023, which extends the validity of asylum seekers’ employment authorization.
He lives in Newport, Oregon and has no criminal record.
Federal agents patrol the halls of the New York City Immigration Court. (Michael M. Santiago/Getty Images)
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The Innovation Law Lab has been involved in several high-profile immigration cases, especially those that challenge policies that affect asylum seekers.
A noteworthy case occurred in 2020 when the group sued the federal government President Donald Trump The “stay in Mexico” policy that forces asylum seekers to wait in Mexico while they make claims in U.S. courts.
The organization believes that the policy violates U.S. immigration law and international human rights protection. The federal court of appeals agreed and blocked the policy, but the Supreme Court later revoked the ruling after the Biden administration ended the plan.
