The lawyers of the Spanish -speaking journalist Mario Guevara and his family ask a federal court, the immigration and the enforcement of customs officials to prevent him from deporting him while he is in your care.
Guevara's lawyers, including the American Civil Liberties Union, asked the US district court on Monday in the southern district of Georgia to comply with his release and potential deportation by federal official suddenly risen An older immigration case on Friday. His lawyers also asked for an emergency negotiation and release on Friday.
Guevara, a native of Salvadoran who has lived in the United States since 2004, has been captured in the immigration custody since June 14 when he has been arrested while he had an anti-I-IP protest in Atlanta. His indictment was ultimately dropped, but not before it was transferred to the custody of immigration and customs authorities.
His arrest and continued detention has alarmed Freedom of speech supports and attracted national attention.
The family of ACLU and Guevara, including his children Katherine and Oscar Guevara, demand his immediate release and say that his detention illegally and a violation of his rights of the first change.
“Nobody should have to face this fear of punishment for their freedom of speech in this country. Nevertheless, we hope that the government will do the right thing and will be released immediately. His place is with his family and community, not behind bars or the deportation,” said Katherine Guevara.
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A dispute in this case, however, is the immigration history of Guevara. In an explanation, the ICE deputy secretary Tricia McLaughlin said that “facts of this case have not changed. Mario Guevara is illegal in the country.” McLaughlin said that Guevara granted voluntary departure in 2012, but refused and then received a “final rejection of the immigration judge from an immigration judge in 2012”.
Scarlet Kim, a senior lawyer at ACLU, disagreed and called the explanation of ICE “wrong”. According to Kim, Guevara was voluntarily dismissed in 2012 and made an appeal against the decision. His case was then administered administratively and legally authorized him to stay in the United States for the past 13 years.
“He never received a final order of the distance,” said Kim in a statement.
ICE did not immediately answer an inquiry to clarification.
Kim said that the board of directors of the immigration authority had reopened the distance procedure and set the voluntary departure connection again on Friday, with Guevara giving 60 days to leave the country voluntarily. The ACLU argued in a court that registered on Monday that ICE, because it is in custody, undermined the voluntary departure regulations and could deport it at any time.
“This decision makes the court's intervention all the more urgent. Regardless of the fact that Mr. Guevara has given voluntary departure -what gives him 60 days to leave the United States voluntarily -the government has not offered any assurances that it did not bring him back to El Salvador,” wrote Guevara lawyers in the films.
Experts in first changes that speak at a press conference on Tuesday said that the government's measures against Guevara are part of a broader trend to suppress freedom of speech and the intimidated journalists. Clare Norins, a legal professor and director of the first amendment clinic of the University of Georgia, who also represents Guevara, said he was the only known journalist who is currently imprisoned in the USA for his reporting.
“Although all criminal charges were dropped against him, the government claimed that Mr. Guevara's filming and reporting on the public activities of the police have made a danger to the community. In other words, they continued to capture him because of his first change in the freedom and the press,” said Norins.
ICE previously denied claims that Guevara's detention was associated with his reporting.
