Judge Orders Bond Hearing for Detained Asylum Seeker

A man who came to the United States fleeing political violence in Nicaragua will have a chance to make his case for release from an immigrant detention facility.

A federal judge has ruled that Joseph Ferrufino Guerrero is entitled to a bond hearing before an immigration judge.

The American Civil Liberties Union (ACLU) of Nebraska filed a lawsuit on Ferrufino Guerrero’s behalf last month, arguing that U.S Immigration and Customs Enforcement’s (ICE) revocation of his supervised release violates his constitutional right to due process.

When Ferrufino Guerrero came to the U.S. 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. 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.

ICE abruptly revoked his supervised release in April after Omaha Police arrested him for test driving a car that he did not know had been reported as stolen. Ferrufino Guerrero was released the next day without any charge, and ICE took him into custody. He is currently in the state-run immigrant detention center in McCook, Nebraska — a repurposed prison.

In an order issued this week, a federal judge stated “the government failed to comply with the statutory and regulatory regime governing revocation,” and based on Ferrufino Guerrero’s status and circumstances, his re-detention “fell short of the process he is due.”

The court order directs authorities to arrange a bond hearing on or before June 17.

ACLU of Nebraska Staff Attorney Grant Friedman said:

“We were grateful to see our due process concerns affirmed in the order. ICE took Joseph from his family and community with no notice and no opportunity to respond. He is now entitled to a bond hearing where a judge can consider his unique circumstances. We are all hoping Joseph will be released so that he can reunite with his young daughter and work through asylum proceedings in the community instead of behind barbed wire.”

When his case was announced, Ferrufino Guerrero said this via a Spanish interpreter:

“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.”

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.