"Liset Fernandez spent most of the summer worried about her dad, Luis, but a few weeks ago she got some good news. After being held in Immigration and Customs Enforcement (Ice) custody for weeks, an immigration judge in Texas granted him release on a $5,000 bond. Luis, came to the US from Ecuador in 1994, had been held in detention at a facility in Livingston, Texas, thousands of miles away from his home in Queens."
"But when Liset logged on to a Department of Homeland Security (DHS) website to pay the bond, she got a message telling her that her dad was ineligible for release. It fell to her to tell her dad that instead of coming home that day, he would remain detained. It was upsetting for everyone, Liset said. His voice sounded completely disappointed."
"In Fernandez's case, DHS went even further, deploying a rarely used maneuver to pause the immigration judge's bond ruling while it appealed his ruling. Federal regulations allow the agency to automatically stay an immigration judge's bond decision while they appeal the case to the board of immigration appeals. The maneuver means Fernandez will remain detained while his case is pending before the board of immigration appeals."
Luis Fernandez, who entered the US from Ecuador, was held in ICE custody in Livingston, Texas, far from his Queens home. An immigration judge granted his release on a $5,000 bond after weeks in detention. Co-workers raised funds to support his family. When his daughter Liset tried to pay the bond on a DHS website, the site reported him ineligible. DHS invoked a policy declaring people who entered illegally ineligible for bond and used an automatic regulatory stay to pause the judge's ruling. The stay keeps Fernandez detained while his appeal to the Board of Immigration Appeals is pending, with unclear timelines due to backlogs. Liset has worked extra shifts to support her mother and younger brother.
Read at www.theguardian.com
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