Michigan family fights to bring loved one home after legal immigrant detained by ICE

midmichigannow.com · By Andrea Flores · 2025-12-22T23:16:13.000Z

ST. CLAIR COUNTY, Mich.—A Michigan family says they’re caught in a painful waiting game after a man who entered the United States legally was detained during a worksite raid and remains in federal custody months later—despite having strong community ties and a pending legal case.Juan Miguel Davila Palacios, a Nicaraguan national, entered the U.S. in May 2024 through the Nicaraguan Humanitarian Parole Program.According to his fiancée, Angela Husky, he obtained work authorization, paid taxes, and built a life in Michigan before being detained as a collateral arrest during an ICE raid at his workplace in September.Despite living and working in the U.S. for more than a year, Juan is now being treated by the federal government as an “arriving alien,” a designation that subjects him to mandatory detention as if he had just crossed the border.After his detention, Juan received a positive credible fear determination, meaning an immigration judge found he could face persecution if returned to Nicaragua.That decision removed him from expedited removal and made him eligible for parole under a federal class action known as Damus v. Nielsen.ICE policy requires an individualized parole determination to begin immediately, with an interview scheduled within seven days.But Juan’s attorney, Adriana Klemish, says ICE waited nearly two months.“He was not given his scheduling notification until December 6th,” Klemish said. “And on December 17th—51 days after his positive credible fear interview—we received a denial.Klemish says the denial failed to consider an extensive parole packet documenting Juan’s community ties, including letters from his church, employer, U.S. citizen fiancée, and friends, as well as medical records showing Angela depends on him for care and financial support.“The only reasoning that we got was a single box that they checked,” Klemish said.Angela says Juan’s detention has turned her family’s life upside down.She says he helped care for her and her teenage daughter after she underwent emergency surgery and was the primary provider for the household.“I’m definitely gonna have to downsize,” Angela said. “Every extra dollar that I have goes into his account so he can eat every week.”Juan’s attorney has filed a habeas corpus petition in the Western District of Michigan seeking his release.While the case is pending, Juan remains in detention, separated from his family.Angela says the hardest part is knowing the kind of person Juan is.“He’s probably one of the best people I’ve ever met,” she said. “The worst of the worst he is not one of them.”Juan does not have a final removal order and has multiple forms of relief available, including asylum and a pathway to legal permanent residency through marriage.Advocates say his case highlights broader concerns about how ICE is handling parole determinations for people who entered the country legally and have deep roots in their communities.