ICE criticized for preventing a father from being released on bond
In what some are calling a rare move, immigration officials appealed a judges decision this week to prevent an undocumented father of two U.S. citizen…
Ardani Rosales-Lemus (right) is photographed here with his son 3-year-old Pablito (left) moments before he legally re-entered the United States through a port of entry in April. Rosales-Lemus has been fighting to be reunited with his family in Arizona for more than a year. (Photo credit: Michele Rudy)
In what some are calling a rare move, immigration officials appealed a judges decision this week to prevent an undocumented father of two U.S. citizen children from being released on bond.
On Monday, an immigration judge ordered that Rosales-Lemus be released on a $10,000 bond, allowing him to fight his case from outside a detention center. His family and supporters quickly mobilized to fundraise the money.
SEE ALSO: A father is deported despite efforts to stop his deportation
But to their surprise and that of Rosales-Lemus attorney, U.S. Immigration and Customs officials appealed the judges decision and filed an emergency stay request on Tuesday. That meant that Rosales-Lemus would not be released even though the $10,000 bond was already paid.
Attorney says ICEs appeal is unprecedented
Ray Ybarra Maldonado, the attorney representing Rosales-Lemus, told VOXXI he received a call from the Arizona ICE Field Office Director John Gurule who informed him about the appeal. Maldonado said he got the impression that the decision to file the appeal came from the ICE headquarters in Washington, D.C.
This is completely unprecedented, he said. To get a call from the field office director and know that people in D.C. are involved as well on a case where someone has no criminal history is unheard of.
Ray Ybarra Maldonado (left) and Ardani Rosales-Lemus fiancé Naira Zapata (right) spoke Wednesday about ICE’s appeal. (VOXXI/Griselda Nevarez)
Rosales-Lemus only serious crime is a previous deportation order, which automatically placed his case as a top priority for deportation. He was deported last December because he had a previous deportation order. He re-entered the country legally in April through the port of entry in Nogales, Ariz., and asked for humanitarian parole.
SEE ALSO: Latinos are disproportionately affected by deportations
Maldonado said he believes ICE officials stepped in to appeal the judges decision in large part because of the ongoing attention and support from community members that Rosales-Lemus case has been receiving.
Supporters have staged protests outside the Phoenix ICE office as well as the Florence Correctional Center, where Rosales-Lemus is detained, and even the White House to call for his release. Thousands of people have also made calls to ICE, asking that the father of two be released and allowed to stay in the U.S.
ICE declined to discuss specifics of Rosales-Lemus case, citing privacy issues.
However, a guide on bonds thats found on the U.S. Department of Justices website indicates Rosales-Lemus does not qualify for a bond because he is considered an arriving alien. By definition, an arriving alien is someone who applies for admission into the U.S. at a port of entry.
As a result, ICE filed the appeal arguing that the immigration judge does not have jurisdiction to allow Rosales-Lemus to be released on bond and asked that he continue to be detained.
Rosales-Lemus fights to reunite with his family
Rosales-Lemus first came to the U.S. in 2005. He left Guatemala because he feared for his life after receiving multiple threats from La Mara Salvatrucha, one of the most powerful gangs in the world, due to his work as an organizer encouraging youth to stay out of gangs.
In December 2012, he was pulled over in Phoenix and was charged with a minor traffic violation. But because he had a previous deportation order, he was arrested and his case was placed as a top priority for deportation.
After spending more than a year in detention, Rosales-Lemus was deported to Guatemala in December 2013. During the time he was detained, he missed his wedding and the birth of his daughter, who is now 10 months old. He also has a son who is 3 years old.
Desiring to be reunited with his family in Arizona, Rosales-Lemus presented himself at the port of entry in Nogales, Ariz., in April. He requested that his case be re-opened and that he be granted humanitarian parole. He has been in detention ever since.
Ardani Rosales-Lemus’ family made him this poster before learning he would not be released after all. (Courtesy photo)
SEE ALSO: Two deported men will seek U.S. entry to reunite with their families
Immigration advocates have been calling on the Obama administration to stop deporting people, like Rosales-Lemus, who have not committed serious crimes but re-entered the country after they were deported. Homeland Security Secretary Jeh Johnson is reportedly considering that option as he reviews deportation policies to find more humanely ways to carry out enforcement efforts.
At a press conference on Wednesday, Rosales-Lemus fiancé Naira Zapata expressed frustration over ICEs move to appeal the judges decision.
She recalled that Maldonado called her Monday night to tell her about ICEs appeal. At the time, she and her two children were making a welcome home sign for their father. She received a call from Rosales-Lemus later that night and broke the news to him.
For me, it was so hard to tell him what was going on, she said. But he gave me strength to keep fighting when he told me, God knows why this is happening. Dont give up. Ill continue fighting from inside here.
SEE ALSO: As DHS weighs curbing deportations, advocates push for more
