Bond Hearing Ordered for Detained Omaha Father

LINCOLN, Neb. – A federal judge’s new order sides with an Omaha father who is being held in U.S. Immigration and Customs Enforcement (ICE) custody.

On Tuesday, Judge Susan Bazis issued an order requiring immigration officials to provide Jorge Calderon Rivera with a bond hearing within the next seven days. Calderon is currently in the immigrant detention center in McCook, Nebraska. Federal agents took him into custody in Omaha during a mid-January traffic stop.

The order grants a request in a lawsuit filed on Calderon’s behalf last month. The American Civil Liberties Union (ACLU) of Nebraska led the federal lawsuit. The Center for Immigrant and Refugee Advancement (CIRA) is representing Calderon in immigration proceedings.

Tuesday’s order describes an “unlawful aspect” of Calderon’s detention: “that he is entitled to a bond hearing but has not received one.” Calderon is one of many immigrants nationally who have been held without access to a bond hearing based on an ICE policy change. Tuesday’s order notes most district courts that have considered the matter have ruled against the policy, and expresses disagreement with the one appellate court to have sided with the government so far.

Calderon has three children, one of whom has a developmental disability. He has lived in Omaha for about a decade and is an active volunteer at two of the city’s parishes. He came to the U.S. from El Salvador, where he supported law enforcement efforts to stop gang activity.

Calderon has no criminal record. His first interaction with ICE came in mid-January when agents in unmarked cars pulled him over and took him into custody.

ACLU of Nebraska Acting Legal Director Jennifer Houlden said:

“This is another example of Nebraska courts clearly stating that our community members have a right to the basic due process of a bond hearing, as has been long provided in the law. For Mr. Calderon, that means a chance to make his case for a release on bond so that he can work through immigration proceedings back together with his family instead of locked up for reasons that have nothing to do with him. We hope to see him rejoin his family soon.”

CIRA Senior Attorney Ariel Magaña Linares said:

“After more than 40 days of incarceration, we are grateful that Mr. Calderon now has an opportunity to show he is a contributing member of his community and intends on attending future hearings. As soon as the federal court granted Mr. Calderon’s habeas petition, we promptly filed a bond motion with the immigration court. Our eyes now turn to our immigration system to ensure Mr. Calderon receives a prompt and fair decision on his right to be with his family. Mr. Calderon has the support of his family, friends and neighbors as he advocates for his right to remain in the U.S.”