US judge rules ICE illegally detained man whose daughter is battling cancer

"The detention by immigration authorities of a Chicago man whose 16-year-old daughter is undergoing treatment for advanced cancer is illegal, and he must be given a bond hearing by 31 October, a federal judge has ruled. Attorneys for Ruben Torres Maldonado, 40, who was detained on 18 October, have petitioned for his release as his deportation case goes through the system."

"While US district judge Jeremy Daniel said in an order Friday that Torres's detention by US Immigration and Customs Enforcement (ICE) is illegal and violates his due process rights, he also said he could not order his immediate release. While sympathetic to the plight the petitioner's daughter faces due to her health concerns, the court must act within the constraints of the relevant statutes, rules, and precedents, the judge wrote Friday."

"Torres's attorney took the ruling as a win for now. We're pleased that the judge ruled in our favor in determining that ICE is illegally detaining Ruben. We will now turn the fight to immigration court so we can secure Ruben's release on bond while he applies for permanent residence status, his attorney, Kalman Resnick, said in a statement Friday night."

"Torres, a painter and home renovator, was detained at a suburban Home Depot store. His daughter, Ofelia Torres, was diagnosed in December with a rare and aggressive form of soft-tissue cancer called metastatic alveolar rhabdomyosarcoma and has been undergoing chemotherapy and radiation treatment. Torres entered the US in 2003, according to his lawyers. He and his partner, Sandibell Hidalgo, also have a four-year-old son."

A federal judge ruled that the detention of Ruben Torres Maldonado by ICE is illegal and requires a bond hearing by 31 October. The judge found the detention violated his due process rights but said he could not order immediate release because the court must follow statutes, rules, and precedents. Torres was detained on 18 October at a suburban Home Depot store. His 16-year-old daughter, Ofelia, has metastatic alveolar rhabdomyosarcoma and is undergoing chemotherapy and radiation. Torres entered the U.S. in 2003 and lives with his partner, Sandibell Hidalgo; they also have a four-year-old son. Both children are U.S. citizens. Torres's attorney said they will seek release on bond while pursuing permanent residence.

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