Oregon’s Federal Judge orders asylum students who seek to launch by ice

Federal judge in Oregon He ordered the immediate release of a 24 -year -old immigrant from Mexico, who was arrested after a resorting routine hearing and then detained in a detention facility to enforce immigration and customs (ICE) for about a month.

Judge Michael E ordered. Simon that the immigrant, known as Yzlh, is released from the reservation, on the pretext that the government has no right to detention given his temporary legal status, or a conditional release, is still valid until July 2025, according to what he said. Oregon.

Simon granted a petition for the man, and found that ICE officers had seized the man illegally and without justifying the man in violation of the Administrative Procedures Law.

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The immigrant to the United States came in July 2023 and claimed that he was threatened by Michoacana. US officials allowed him to temporarily stay on humanitarian foundations and apply for asylum for about a year.

On June 5, he went to the Portland Immigration Court to attend a asylum session and asked for more time to find a lawyer.

The government moved to reject his asylum issue and give the judge to dismiss his objection. migrant This decision is still appealed. As soon as he left the courtroom, he was arrested by ice agents and was transferred to the Takoma detention facility in Washington State.

Lawyers of the Innovation Law, a non -profit legal organization based in Oregon, which represents the immigrant, argued in the hearing that the federal authorities do not have a legal basis for the arrest of the man and has not officially eliminated the status of the temporary conditional release, allowing him to stay in the United States.

The judge agreed and said that ICE failed to follow the legal procedures because they did not explain or justify the reason for his arrest.

Government lawyers said that the arrest was allowed because it was up to the Minister of Internal Security Christie’s name The estimated authority, but the judge refused, saying that the executive agencies must follow the law and cannot do what they want.

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“How do we know if the secretary complied with the law unless the Secretary tells us … the basis for the ruling,” Simon asked in Oregon. “Is not the complete purpose of checks and balances that the executive authority must follow the law that Congress writes and the judiciary here to ensure that the executive branch only takes those authorities authorized under the law?”

The government initially claimed that it had informed the immigrant in April that his temporary situation would end in that month, but later reflecting the path in the court files, admitting that the conditional release was actually valid until July 19, 2025, according to the port.

A day before his arrest, Yzlh obtained a five-year work permit-as a result of changing policy in October 2023 by US Citizenship and Immigration Services (USCIS), which extended the employment period for asylum seekers.

He lives in Nioport, Oregon and has no criminal record.

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The Innovation Law Laboratory participated in many prominent immigration issues, especially those that challenge American policies that affect asylum seekers.

One of the prominent cases came in 2020, when the group filed a lawsuit against the federal government on the former President Donald Trump The policy “remain in Mexico”, which forced asylum seekers to wait in Mexico while their claims were addressed in the American courts.

The group argued that politics violated the American immigration and protecting international human rights law. The Federal Appeal Court approved and prohibited politics, but the Supreme Court later evacuated that the ruling after the Biden administration ended the program.