Northwest Arkansas man wins immigration case after months in ICE detention

thv11.com · By Claire Everbach

A Northwest Arkansas man has been released from detention after three months in a Louisiana facility. FORT SMITH, Ark. — A Northwest Arkansas man who was detained by federal immigration officers just moments after his I-130 petition was approved in June has now been released and granted lawful permanent residency. Julio, who has lived in the United States since 2003, was arrested outside the U.S. Citizenship and Immigration Services office in Fort Smith immediately after his interview in June. After being held in the Sebastian County Jail, Julio was placed into removal proceedings and transferred to a detention center in Louisiana. His attorney, Maegan Hodge Nieves of Bogart, Small & Duell in Rogers, said he remained in custody for about three months even after a judge granted him bond. “This is a story of how the government gives with one hand and takes away with another,” Hodge Nieves said. “They approved his I-130 petition and then immediately detained him. The judge granted bond, a reasonable bond, and then ICE would not let him leave the detention center. They would not let him pay the bond.” Hodge Nieves said Julio’s case reflects the risks immigrants face even when following the legal process. “Why don’t people just go through the legal pathways? The answer is that even when you do, there is risk of detention and there is risk of removal or deportation,” Hodge Nieves said. Susan Duell, a partner at Bogart, Small & Duell, added that immigrants can face what she calls “traps along the way.” “We're seeing that more and more, where individuals are following all the rules that have been laid out before them, but because they've either fallen out of status or didn't have status, they run the risk of doing it the right way, because they may be detained along the way,” Duell explained. On Sep. 25, an immigration judge ruled in Julio’s favor, allowing him to remain in the U.S. as a lawful permanent resident. “Thankfully, we were able to secure a victory for Julio,” Hodge Nieves said. “He is out of custody now. He was released to his family and he's able to be a lawful permanent resident now." Julio described life inside the detention center as “very bad,” saying food and water were limited and of poor quality. Now home, he says he is focused on “prosperity” and “hard work.” Giselle says the family is relieved. “He's not going to fear immigration. He's going to have easier access to jobs. Everything will be for the better,” she said. “I always encouraged him.” At the family’s request, 5NEWS is not releasing the couple’s last names. 5NEWS has reached out to ICE for comment on Julio's case, but we haven't received a response back.