IOWA CITY, Iowa — An immigration judge has ruled that a man detained by Immigration and Customs Enforcement (ICE) will remain in custody following a request for bond. Felipe de Jesus Hernandez Marcelo, 28, has been held since he sought police assistance as a victim of a severe shooting incident in Muscatine, Iowa.
Hernandez, originally from Mexico, entered the United States illegally in 2021. His detention began on June 24, shortly after he sustained life-threatening gunshot wounds during a robbery attempt. In the aftermath of the attack, he has been attempting to obtain a special visa that allows crime victims to cooperate with law enforcement without fear of deportation.
However, the situation is complicated by a recent policy shift from ICE, which rescinded protections for crime victims earlier this year. As the administration prioritizes stricter immigration enforcement, many victims now face potential arrests and deportation.
Following the shooting on June 21, emergency responders quickly intervened, transporting Hernandez to two hospitals where he received critical care. Days later, after visiting a police station to reclaim his belongings, Hernandez was arrested on an outstanding warrant related to unpaid traffic tickets. Shortly after his arrest, he was transferred to ICE custody.
During his time in detention, Hernandez has missed essential medical appointments necessary for his recovery, has been separated from his nine-year-old son, and has lost his job in construction, essential for supporting his family.
Previously, an immigration judge in Omaha, Nebraska, upheld ICE’s decision to mandate Hernandez’s detention. However, a federal judge recently overturned that ruling, granting him a bond hearing and acknowledging the “irreparable harm” he faces while in custody.
At the bond hearing, Hernandez’s attorney, Emily Rebelskey, argued that her client does not pose a flight risk and should be released while awaiting further proceedings. She highlighted his ongoing application for a U visa in conjunction with his role as a key witness in the prosecution of his assailants, one of whom has already confessed to the crime.
Judge Alexandra Larsen, however, determined that it remains uncertain whether Hernandez will qualify for the U visa, indicating that the local prosecutor is waiting for the conclusion of criminal proceedings before certifying his eligibility. The judge also expressed concerns about potential flight given Hernandez’s previous legal troubles, including multiple violations during his time in the U.S.
Despite the ruling, Rebelskey remains committed to securing her client’s release, believing there is substantial evidence to counter claims of him being a flight risk.
This situation highlights the challenges faced by individuals caught in the intersection of crime victimization and immigration enforcement. As the legal implications continue to unfold, Hernandez’s case is emblematic of broader tensions surrounding immigration policy in the United States.
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