Omaha Father Released on Bond due to Concerted Team Legal Efforts

OMAHA, Neb. – An Omaha family is reunited after an immigration judge granted Omaha father Jorge Calderon Rivera’s release on bond.

The Center for Immigrant and Refugee Advancement (CIRA) represented Calderon in his immigration bond proceedings. CIRA Senior Attorney Ariel Magaña Linares briefed and argued the case.

"Mr. Calderon now has been afforded the opportunity to be with his wife, children, and faith groups while the rest of the case plays out,” Magaña Linares said. “This victory is a reminder that when due process is fairly applied, immigrants can often show they are family-oriented, hardworking, and contributing members to their communities."

Calderon, a father of three, was held in U.S. Immigration and Customs Enforcement (ICE) custody in McCook, Nebraska for two months despite having never been convicted of a crime. Federal agents in unmarked cars took him into custody in January during a traffic stop. An immigration judge has already found ICE’s arrest report to be “not credible” due to several inaccuracies.

His detainment was rapidly followed by a federal lawsuit filed on Calderon’s behalf, led by the American Civil Liberties Union (ACLU) of Nebraska. U.S. District Judge Susan Bazis issued an order on Tuesday, March 3 requiring immigration officials to provide Calderon with a bond hearing in accordance with his rights under immigration law and the U.S. Constitution.

ACLU of Nebraska Staff Attorney Jamel J.W. Connor, said:

“We are elated. A family is back together because of due process. Without his bond hearing, our client would still be in custody in McCook, far from his home and family. As we strive to help other immigrants in Nebraska who are wrongly being denied bond hearings, outcomes like this are a tremendous source of encouragement. We will keep doing what we can until this unjust practice ends for good.”

Calderon has lived in Omaha for about a decade. He came to the U.S. from El Salvador where he supported law enforcement efforts to stop gang activity.