Asylum Seeker Files Lawsuit Challenging ICE Detention

LINCOLN, Neb. – The American Civil Liberties Union (ACLU) of Nebraska’s newest lawsuit seeks freedom for a man who came to the United States fleeing political violence in Nicaragua.

Joseph Ferrufino Guerrero has been in U.S. Immigration and Customs Enforcement (ICE) custody since mid-April. He is currently in the state-run immigrant detention center in McCook, Nebraska.

Ferrufino Guerrero crossed the southern border in search of safety two years ago. He told immigration officials he had been kidnapped and physically abused by Nicaraguan paramilitary forces in retaliation for protesting the country’s authoritarian regime. He shared later he had also been assaulted by Mexican gang members while fleeing north. Authorities released him under an ICE community supervision program after determining that he had a credible fear of persecution or torture — a first step that can lead to asylum. Ferrufino Guerrero moved to Omaha.

The lawsuit explains a mishap that landed Ferrufino Guerrero back in ICE detention last month: Omaha Police pulled him over while he was driving a friend’s car that had been reported as stolen. After police arrested Ferrufino Guerrero, the friend came forward to explain he had recently repossessed the car from a buyer due to non-payment. The buyer had reported it as stolen. Ferrufino Guerrero was released the next day without any charge, and ICE took him into custody. Agents took him to Sarpy County Jail, and later to McCook.

Ferrufino Guerrero’s lawsuit argues that this new detention, which revokes his release under supervision, violates his constitutional right to due process. “This is a case about whether the government may strip a person of liberty it previously granted without any individualized determination that detention is necessary,” it reads in part. The lawsuit states that given Ferrufino Guerrero's experiences, and his brother’s current imprisonment in Nicaragua, he has an “entirely realistic fear he would be persecuted or tortured again if he was returned to Nicaragua.”

Today’s filing asks a judge to order Ferrufino Guerrero’s immediate release or alternatively to order a hearing on the revocation of his supervised release. Ferrufino Guerrero hopes to reunite with his young daughter and continue to work through asylum proceedings while in the community instead of in detention.

Speaking through a Spanish interpreter, Ferrufino Guerrero said:

“I wish that no one else must go through what I’ve gone through. Nicaragua is a dangerous country. I would feel very unsafe if I were to get deported. The U.S. is the only place I feel safe, the only place where I can pursue my dream of working hard and making a good life for my family.”

ACLU of Nebraska Staff Attorney Grant Friedman said:

“Joseph got zero process before being detained and denied the freedom that the supervised release program gave him. There was no hearing, no consideration of his track record, and no reflection on the horrific circumstances he fled that allowed asylum proceedings to continue. We are going to do what we can to ensure he receives due process and help him return to his family.”

Immigrants’ rights is one of the ACLU of Nebraska’s priority issue areas under its strategic plan. Since January, five ACLU of Nebraska clients who sued on due process claims have left ICE detention.