Federal Judge Orders Mexican Migrant Seeking Asylum To Be Released By Ice

A national judge successful Oregon has ordered nan contiguous merchandise of a 24-year-old migrant from Mexico who was arrested aft a regular asylum proceeding and past held successful an Immigration and Customs Enforcement (ICE) detention installation for astir a month.

Judge Michael H. Simon ordered nan migrant, known arsenic Y-Z-L-H, beryllium released from custody, arguing nan authorities had nary correct to detain him fixed his impermanent ineligible status, aliases parole, was still valid done July 2025, according to The Oregonian. 

Simon granted nan man’s habeas petition, uncovering that ICE officers had unlawfully and without justification detained nan man successful usurpation of nan Administrative Procedure Act.

A national judge successful Oregon has ordered nan merchandise of a Mexican migrant who had been held successful an ICE detention installation for astir a period aft agents arrested him moments aft a regular asylum hearing. (Christopher Dilts/Bloomberg via Getty Images)

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The migrant came to nan U.S. successful July 2023 and claimed he had been threatened by nan convulsive Mexican cartel Familia Michoacana. U.S. officials fto him enactment temporarily connected humanitarian grounds and applied for asylum astir a twelvemonth ago.

On June 5, he went to Portland Immigration Court for an asylum proceeding and asked for much clip to find a lawyer.

The authorities moved to disregard his asylum lawsuit and nan judge granted nan dismissal complete his objection. The migrant is still appealing this decision. As soon arsenic he walked retired of nan courtroom, he was arrested by ICE agents and taken to Tacoma detention installation successful Washington state.

Attorneys for Innovation Law Lab, an Oregon-based nonprofit ineligible statement that is representing nan migrant, based on astatine nan proceeding that national authorities had nary lawful ground for arresting nan man and had not formally revoked his impermanent parole status, allowing him to stay successful nan United States. 

The judge agreed and said that ICE grounded to travel owed process arsenic they didn’t explicate aliases warrant why they arrested him.

Government lawyers said nan apprehension was allowed because it was up to Homeland Security Secretary Kristi Noem’s discretion, but nan judge rejected that, saying executive agencies must travel nan rule and can’t conscionable do immoderate they want.

An aerial position of detainees exercising successful an outdoor recreation area astatine nan Northwest ICE Processing Center successful Tacoma.   (David Ryder/Getty Images)

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"How do we cognize whether nan caput has complied pinch nan rule unless nan caput tells america … nan ground for nan ruling," Simon asked, per The Oregonian. "Isn’t nan full intent of checks and balances that nan executive branch must travel nan rule that Congress writes and nan judiciary is present to guarantee that nan executive branch only takes those actions that are authorized by law?"

The authorities initially claimed it had notified nan migrant successful April that his impermanent position would extremity that month, but later reversed people successful tribunal filings, acknowledging that his parole was successful truth valid done July 19, 2025, per nan outlet. 

A time earlier his arrest, Y-Z-L-H was granted a five-year activity licence — a consequence of an October 2023 argumentation alteration by U.S. Citizenship and Immigration Services (USCIS), which extended nan validity play of employment authorization for asylum seekers.

He lives successful Newport, Oregon and has nary criminal record.  

Federal agents patrol nan halls of an migration tribunal successful New York City. (Michael M. Santiago/Getty Images)

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Innovation Law Lab has been progressive successful respective high-profile migration cases, peculiarly those challenging U.S. policies that effect asylum seekers.

One notable lawsuit came successful 2020, erstwhile nan group sued nan national authorities complete erstwhile President Donald Trump’s "Remain successful Mexico" policy, which forced asylum seekers to hold successful Mexico while their claims were processed successful U.S. courts.

The group based on nan argumentation violated U.S. migration rule and world quality authorities protections. A national appeals tribunal agreed and blocked nan policy, but nan Supreme Court later vacated that ruling aft nan Biden management ended nan program.