The Federal Oregon judge ordered the release of Mexican migrant to the release of asylum by ICE
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A Federal Oregon judge ordered the immediate release of a 24 -year -old migrant in Mexico who was arrested after a routine asylum hearing, then held in an immigration and customs application center (ICE) for almost a month.
Judge Michael H. Simon ordered that the migrant, known as YZLH, be released from the guard, arguing that the government was not allowed to hold it taking into account its temporary legal status, or parole, was still valid until July 2025, according to Oregon.
Simon granted the Habeas petition of man, noting that the ice officers had illegally and without justification held the man in violation of the law on administrative procedure.
A Federal Oregon judge ordered the release of a Mexican migrant who had been detained in an ice detention center for almost a month after agents arrested him a few moments after a routine asylum hearing. (Christopher Dilts / Bloomberg via Getty Images)
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The migrant came to the United States in July 2023 and said it was threatened by the violent Mexican Cartel Familia Michoacana. US officials let him stay temporarily for humanitarian land and asked for asylum about a year ago.
On June 5, he went to the Portland Immigration short for an asylum hearing and asked for more time to find a lawyer.
The government has moved to reject its asylum case and the judge granted the dismissal on his objection. The migrant always calls on this decision. As soon as he left the courtroom, he was arrested by ice agents and taken to the Tacoma detention center in Washington.
Lawyers of the innovation law laboratory, a non-profit legal organization based in Oregon which represents the migrant, argued during the hearing that the federal authorities had no lawful basis to stop man and had not officially revoked his status of temporary conditional liberation, allowing him to stay in the United States.
The judge accepted and said that Ice had not followed the regular procedure because they did not explain or justified why they arrested him.
Government lawyers said the arrest was authorized because it belonged to the discretion of the Homeland Security Secretary Kristi Noem, but the judge rejected that, claiming that executive agencies must follow the law and cannot simply do what they want.
An aerial view of prisoners working in an outdoor leisure area at the Northwest Ice Processing Center in Tacoma. (David Ryder / Getty Images)
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“How do we know if the secretary respected the law unless the secretary tells us … The basis of the decision,” asked Simon, by Oregonian. “Isn’t all controls and counterweights that the executive power must follow the law that the written congress and that the judiciary is there to ensure that the executive power only takes the actions authorized by law?”
The government initially said that he had informed the migrant in April that his temporary status would end this month, but then reversed the course in legal files, recognizing that its parole was in fact valid until July 19, 2025, according to the point of sale.
One day before his arrest, YZLH obtained a five -year work permit – following a change in policy of October 2023 by the United States Citizenship and Immigration Services (USCIS), which extended the period of validity of the employment authorization for asylum seekers.
He lives in Newport, Oregon and has no criminal records.
Federal agents are patrolling the rooms of an immigration court in New York. (Michael M. Santiago / Getty Images)
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Innovation Law Lab was involved in several cases of high -level immigration, in particular those who dispute American policies that have an impact on asylum seekers.
A notable affair intervened in 2020, when the group continued the federal government over the policy “remains in Mexico” of former president Donald Trump, which forced asylum seekers to wait in Mexico while their complaints were processed before the American courts.
The group has argued that politics violated US immigration law and international human rights protections. A federal court of appeal accepted and blocked the policy, but the Supreme Court later canceled this decision after the end of the program.
