Judge to decide whether Sheboygan Falls mom in ICE detention can be freed - AOL

aol.com · By AOL · 2026-05-20T18:31:45+00:00

90094294007 SHEBOYGAN FALLS - It's possible a Sheboygan Falls mother who has been in immigration custody for more than two months could be released after a May 21 bond hearing.Elvira Benitez-Suarez, 51, will appear via video in front of an immigration judge in Memphis, Tennessee, who will determine whether she should be released on bond. It would cap a months-long saga in which immigration agents detained her while on a road trip to Niagara Falls, then released her on a judge's order, then detained her again at a check-in appointment in Milwaukee in March.After being held in ICE custody for six months during first stretch in custody, an immigration judge ruled her deportation order could be thrown out, she could be given a green card, and her two youngest children would suffer "extreme hardship" if she were deported. Her attorneys have been pushing again for her release, arguing her current detention is illegal. She is being held at the Campbell County Detention Center in Kentucky.More: Family calls for release of mother after 'egregious' ICE detention 89227328007 In this latest hearing taking place the morning of May 21 in immigration court, Judge Kelly Johnson will decide whether Benitez-Suarez poses a public safety threat and whether she's a flight risk. He will also set the bond amount, which could be as low as $1,500, with no upper ceiling.Benitez-Suarez's attorney, Marc Christopher, hopes the judge grants bond and sets it at the lowest amount. Her case is strong, he said."There would be no reason whatsoever to deny it," Christopher said.Benitez-Suarez is neither a danger to the public or a flight risk, Christopher said. She owns a business with her husband, has lived in the United States for 36 years, has four U.S. citizen children and four grandchildren, and is involved in her church and her children's school. She has no criminal record. She fled sexual assault and domestic violence in Mexico when she was 15 years old."I just want her back with her family," Christopher said. "She's suffered so much and the family has suffered so much for no reason."He is also hoping the federal government doesn't appeal the bond decision. If they waive the appeal, Benitez-Suarez could likely be released from detention by the next day.Benitez-Suarez was able to schedule a bond hearing after a federal appeals court ruling just days ago decided that immigrants in detention who have lived in the country for years must be given a chance to argue for their release on bond.Her release on bond would also put an end to a separate bid for her release: a habeas corpus petition arguing her detention was illegal, which attorneys filed in Kentucky. That case is on hold pending the bond hearing.During a recent hearing in the habeas case, a federal judge was primarily interested in the question of whether the federal government had the authority to keep her in custody because she had not secured legal permanent residency yet amid the appeal in her first immigration case.Sophie Carson is a general assignment reporter who reports on religion and faith, immigrants and refugees and more. Contact her at scarson@gannett.com or 920-323-5758.Contact Alex Garner at 224-374-2332 or agarner@usatodayco.com.This article originally appeared on Sheboygan Press: Sheboygan Falls woman in ICE detention seeks release in bond hearing