Iowa, Iowa – The immigration judge denied the bonds to the man Who has been arrested Through the enforcement of immigration and customs since he sought to help the police as a victim of semi -fatal shooting in Iowa months ago.
The ruling issued on Wednesday means Felipe de Jesus Hernandez Marcelo, 28, will remain behind the bars pending deportation procedures. He admits that he illegally entered the country in 2021 of its homeland.
Hernandez has been in ICE reservation since June 24, almost three days after his deaths he sustained when two people tried to steal him in two muscles, Iowa. He moves to apply for a special visa within the framework of a long -term program by Congress to encourage victims to report crimes without fear of deportation.
But ICE canceled a policy that protects crime victims in January, and a growing number of them Facial face and deportation Since the Trump administration gives priority On illegal immigration.
The rapid response to the emergency was saved by the police and doctors in Hernandez Hayat Hospital after he traveled a bullet through his wrist and thighs in the early morning from June 21.
When Hernandez went to the police station to request his car, money and other property a few days later, the police police arrested him based on a judicial order for months for his failure to pay traffic tickets. Hours later, the boycott was imprisoned to the ice.
While he was in prison, Hernandez missed the medical dates necessary to rehabilitate his leg, he was separated from the 9 -year -old son who raises him as a single father, and he was outside the construction function that supported his extended family.
The immigration judge in Omaha, Nebraska, agreed last month with ICE as being subject to compulsory detention. A federal judge canceled this ruling last week, and found that Hernandez was entitled to hear bonds and was suffering from “irreparable damage” in the reservation.
Hernandez’s lawyer Emily Ribelki argued in the hearing on Wednesday that her client is not a flight risk or a threat to society, and he must be released while waiting for more procedures. She noted that he is applying for an U visa while working as a major witness in the criminal case against the attackers. One of them acknowledged that he was guilty while the other was waiting for the trial.
However, Alexandra Migration Judge Alexandra wrote in her ruling, which Bond denies on Wednesday that it was “speculative at best” whether Hernandez will qualify for the visa. She pointed out that the Prosecutor of the Province of Maskatin is awaiting criminal procedures for closing before ratifying the eligibility of Hernandez.
Larsen also said that Hernandez would be a danger to the trip if he was released from the ICE nursery. “Repeated violations of the law” were cited during the fourth and a half years in the United States, noting that he was living and working in the country illegally and his tickets that include one to lead with a suspended license.
Rebelskey said she will continue to fight to release her client, citing “abundant evidence in the record that it is not the risk of flight.”