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A federal judge in Oregon ordered an immediate release of a 24 -year -old migrant from Mexico, who was arrested after a regular refuge hearing and then held in an immigration and customs enforcement (ICE) detention facility for about a month.
Judge Michael H. Simon ordered the migrant, known as Yzlh, released from custody, arguing that the government had no right to detain his temporary legal status, or parole, was still valid through July 2025, according to, according to, Oregonian,
Simon filed a man’s captive petition, finding that the man had detained the man in violation of the Administrative Procedure Act illegally and without justification.
A federal judge in Oregon has ordered a Mexican migrant to be released, which was held in ice custody for about a month, when agents arrested the moments after a regular refuge hearing. (Through Christopher Dilts/Bloomberg Getty Image)
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The migrants came to the US in July 2023 and claimed that they were threatened by violent Mexican Cartel Female Femilia Michoakana. US authorities temporarily allowed him to be on humanitarian grounds and applied for asylum about a year ago.
On 5 June, he went to Portland Immigration Court for an asylum hearing and sought more time to find a lawyer.
The government went to dismiss its refuge case and the judge dismissed his objection. The migrant is still appealing to this decision. As he moved out of the court, he was arrested by ice agents and was taken to a Tacoma detention facility in the state of Washington.
Attorney for Innovation Law Lab, an Oregon-based non-profit legal organization that is representing the migrants argued at the hearing that federal officials had no legitimate basis to arrest the man and did not formally cancel his temporary parole position, allowing him to remain in the United States.
The judge agreed and said that the ICE failed to follow the appropriate process as he explained or not justified why he arrested him.
Government lawyers said that arrest was allowed as it depended on the discretion of Homeland’s Security Secretary Christie NoM, but the judge rejected, saying that the executive agencies should follow the law and whatever they want.
An air view of detainees exercising in an external entertainment area at the Northwest Ice Processing Center in Tacoma. (David Rider/Getty Images)
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“How do we know that the secretary has complied with the law until the secretary tells us … the basis of the ruling,” Simon asked according to Oregonian. “Is not the full purpose of check and balance that the executive branch should follow the law that the Congress writes and the judiciary here is to ensure that the Executive Branch only takes the tasks that are authorized by the law?”
The government initially claimed that it informed the migrants in April that his temporary situation would end that month, but later reversed the syllabus in the court filing, admitting that his parole was actually valid according to the outlet, through the outlet.
A day before his arrest, Yzlh was awarded a five-year work permit-in October 2023, the result of a October 2023 policy change by the US Citizenship and Immigration Services (USCIS), which extended the validity period of the Employment Authority for those seeking asylum.
He lives in Nuport, Oregon and has no criminal record.
Federal agents patrol an immigration court hall in New York City. (Michael M. Santiago/Getty Images)
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Innovation Law Lab has been involved in several high-profile immigration cases, especially American policies challenging those who affect asylum seekers.
A notable case came in 2020 when the group sued the federal government on former President Donald Trump’s “Mexico” policy, which forced shelter seekers to wait in Mexico, while his claims were processed in American courts.
The group argued that the policy violated the US immigration law and international human rights security. A federal appeal court agreed and blocked the policy, but the Supreme Court later vacated the decision after ending the Biden administration’s program.