Latest news with #Ambila
Yahoo
2 days ago
- Politics
- Yahoo
Trump admin may not deport migrant to Congo during immigration proceedings, federal judge rules
A federal judge in Maine has ruled that a 43-year-old migrant man who came to the U.S. at age 7 cannot yet be deported to the Democratic Republic of Congo (DRC) while his immigration appeals continue. Eyidi Ambila, who was taken into custody in September under the Biden administration, argues that his full immigration case has not been heard and that his continued detention is unlawful. Judge Nancy Torresen on Monday granted a motion to postpone a scheduled habeas hearing, a legal request asking a court to determine whether a person's detention or imprisonment is lawful. The habeas petition challenges the legality of his ongoing detention, not the deportation itself. Federal Judge Orders Ice Not To Remove Trans Migrant Seeking Asylum From Washington Detention Facility Torresen, a President Barack Obama appointee and the first female judge to serve in the District of Maine, wrote that there are "many unanswered questions" about the case, including about his ability to be deported and the outcome of his immigration case. He will remain in custody while his case proceeds. The American Civil Liberties Union of Maine argues that Ambila has no current connection to the Congo and that deporting him would make him vulnerable to detainment, torture and even death. Read On The Fox News App "This ruling ensures that Mr. Ambila receives what due process requires: his day in immigration court and the opportunity to fully pursue his argument for Convention Against Torture protection," said Anahita Sotoohi, a staff attorney at the ACLU of Maine. Federal Judge Refuses To Reconsider Order To Facilitate Deportee's Return To Us The ACLU of Maine filed a habeas corpus petition on Ambila's behalf last month challenging his indefinite ICE detainment and asking for his release. The government argued that Ambila's deportation was imminent, but Torreson said that the government had failed to convince the court that deportation was actually likely in the near future. Ambila has filed emergency motions with the Board of Immigration Appeals (BIA) seeking to reopen his case and halt removal. Torresen's ruling pauses the federal court proceedings until the BIA rules on those article source: Trump admin may not deport migrant to Congo during immigration proceedings, federal judge rules
Yahoo
2 days ago
- Politics
- Yahoo
Judge says man held by ICE at Cumberland County Jail to stay in US pending deportation appeal
Jun. 9—A federal judge in Portland has paused a Maine resident's challenge against his immigration detention while the nation's highest immigration court considers his request for protection under the Convention Against Torture as a native of the Democratic Republic of the Congo. Eyidi Ambila, 44, has been in the custody of U.S. Immigration and Customs Enforcement since September when he finished serving a criminal sentence for two misdemeanors. The American Civil Liberties Union of Maine filed a habeas corpus petition on Ambila's behalf on May 23, arguing his detention at the Cumberland County Jail was unlawful because the ACLU didn't believe ICE was able to deport him. An attorney for the Department of Justice recently said they've had the paperwork since March to deport Ambila, who they said was confirmed for a flight to the DRC before a federal judge temporarily halted the removal process on May 27. "The DRC is ready and willing to accept him," Assistant U.S. Attorney Andrew Lizotte wrote in court records. "It has issued travel documentation to that effect." Ambila's attorneys have said they are not swayed that those temporary travel papers — which expire in September — were enough. On Monday, U.S. District Judge Nancy Torresen ruled that Ambila's habeas corpus case — and his removal — will remain on pause while the Board of Immigration Appeals considers his larger request for protection under the United Nations' Convention Against Torture, which prevents the U.S. from sending people to places where they would suffer torture. Ambila is represented in that court by lawyers at the Refugee and Human Rights Clinic through the University of Maine School of Law. The attorneys said Ambila is entitled to protection "because it is more likely than not that he will be tortured or killed" due to his status as a "deportee from the U.S. with a criminal record who has spent decades outside of the country," according to filings provided by the ACLU. Ambila was 7 years old when he arrived in the United States with his sister and father, the latter of whom was tortured in the DRC as a result of his political activities, according to the filing. After coming to the United States, Ambila's grandfather was "brutally murdered by poisoning as a result of his political beliefs," the filing states. He and his family were granted asylum based on political persecution. His lawyers say he has spent most of the last three decades in Maine and Massachusetts. The Department of Homeland Security issued a final order of removal against Ambila in 2007 for a felony conviction in 2005. Yet he has legally remained in the United States under an order of supervision requiring him to report regularly to ICE. He was also required to apply for the appropriate travel permission from the DRC, the ACLU said, but was always denied because that country hasn't recognized his citizenship. Ambila's legal team wrote in court records that they were concerned by the temporary status of the embassy travel papers and his lack of citizenship. Coupled with existing conflict in the DRC and his years away, they wrote that Ambila "is likely to face torture by government officials or by violent non-state actors to whom the government turns a blind eye if returned to the DRC." "Not only has the DRC government failed to prevent torture by non-state actors, the government itself arbitrarily arrests, detains, and tortures vulnerable people and those perceived as a threat to the government," the lawyers said. Copy the Story Link We believe it's important to offer commenting on certain stories as a benefit to our readers. At its best, our comments sections can be a productive platform for readers to engage with our journalism, offer thoughts on coverage and issues, and drive conversation in a respectful, solutions-based way. It's a form of open discourse that can be useful to our community, public officials, journalists and others. We do not enable comments on everything — exceptions include most crime stories, and coverage involving personal tragedy or sensitive issues that invite personal attacks instead of thoughtful discussion. You can read more here about our commenting policy and terms of use. More information is also found on our FAQs. Show less
Yahoo
3 days ago
- Politics
- Yahoo
Judge says man held at Cumberland County Jail to stay in US pending deportation appeal
Jun. 9—A federal judge in Portland has paused a Maine resident's challenge against his immigration detention while the nation's highest immigration court considers his request for protection under the Convention Against Torture as a native of the Democratic Republic of the Congo. Eyidi Ambila, 44, has been in the custody of U.S. Immigration and Customs Enforcement since September when he finished serving a criminal sentence for two misdemeanors. The American Civil Liberties Union of Maine filed a habeas corpus petition on Ambila's behalf on May 23, arguing his detention at the Cumberland County Jail was unlawful because the ACLU didn't believe ICE was able to deport him. An attorney for the Department of Justice recently said they've had the paperwork since March to deport Ambila, who they said was confirmed for a flight to the DRC before a federal judge temporarily halted the removal process on May 27. "The DRC is ready and willing to accept him," Assistant U.S. Attorney Andrew Lizotte wrote in court records. "It has issued travel documentation to that effect." Ambila's attorneys have said they are not swayed that those temporary travel papers — which expire in September — were enough. On Monday, U.S. District Judge Nancy Torresen ruled that Ambila's habeas corpus case — and his removal — will remain on pause while the Board of Immigration Appeals considers his larger request for protection under the United Nations' Convention Against Torture, which prevents the U.S. from sending people to places where they would suffer torture. Ambila is represented in that court by lawyers at the Refugee and Human Rights Clinic through the University of Maine School of Law. The attorneys said Ambila is entitled to protection "because it is more likely than not that he will be tortured or killed" due to his status as a "deportee from the U.S. with a criminal record who has spent decades outside of the country," according to filings provided by the ACLU. Ambila was 7 years old when he arrived in the United States with his sister and father, the latter of whom was tortured in the DRC as a result of his political activities, according to the filing. After coming to the United States, Ambila's grandfather was "brutally murdered by poisoning as a result of his political beliefs," the filing states. He and his family were granted asylum based on political persecution. His lawyers say he has spent most of the last three decades in Maine and Massachusetts. The Department of Homeland Security issued a final order of removal against Ambila in 2007 for a felony conviction in 2005. Yet he has legally remained in the United States under an order of supervision requiring him to report regularly to ICE. He was also required to apply for the appropriate travel permission from the DRC, the ACLU said, but was always denied because that country hasn't recognized his citizenship. Ambila's legal team wrote in court records that they were concerned by the temporary status of the embassy travel papers and his lack of citizenship. Coupled with existing conflict in the DRC and his years away, they wrote that Ambila "is likely to face torture by government officials or by violent non-state actors to whom the government turns a blind eye if returned to the DRC." "Not only has the DRC government failed to prevent torture by non-state actors, the government itself arbitrarily arrests, detains, and tortures vulnerable people and those perceived as a threat to the government," the lawyers said. Copy the Story Link We believe it's important to offer commenting on certain stories as a benefit to our readers. At its best, our comments sections can be a productive platform for readers to engage with our journalism, offer thoughts on coverage and issues, and drive conversation in a respectful, solutions-based way. It's a form of open discourse that can be useful to our community, public officials, journalists and others. We do not enable comments on everything — exceptions include most crime stories, and coverage involving personal tragedy or sensitive issues that invite personal attacks instead of thoughtful discussion. You can read more here about our commenting policy and terms of use. More information is also found on our FAQs. Show less
Yahoo
23-05-2025
- Politics
- Yahoo
ICE has held a Maine resident in jail for 8 months. The ACLU says that's illegal.
May 23—Immigration officials have held a Maine man in jail for more than eight months, offering no indication when he'll go to court or get out, according to a petition filed on his behalf in court. The American Civil Liberties Union of Maine is asking a federal judge to release Eyidi Ambila. U.S. Immigration and Customs Enforcement has held Ambila, 44, at the Cumberland County Jail since Sept. 23, following a short criminal sentence Ambila served there for two misdemeanor convictions. Ambila has no idea how long he'll be held, the ACLU said. He has received no updates on the status of a 90-day custody review by ICE or what they want from him. "The government cannot lock you up without any sort of explanation or expectation," said ACLU staff attorney Anahita Sotoohi. "Yet that's what they've done." Ambila was born in the Democratic Republic of Congo and moved to the United States when he was 7 years old, according to the petition. His family was granted asylum because they were at risk of political persecution. The ACLU said Ambila received a green card and a Social Security number. Today, Ambila says his entire family is in the U.S., including his father, stepmother, siblings and his own three children, whom he provides for and who are worried by his indefinite detention. "I have a strong family unit," Ambila said in a statement provided by the ACLU. "Being removed from them has been traumatizing for us all, especially my children." The ACLU also argued Ambila is stateless. The Democratic Republic of Congo has no records of Ambila, the ACLU said, and the Department of Homeland Security was unable to get travel papers for Ambila when it tried removing him in 2007, following a felony conviction in 2005 (Ambila's petition doesn't elaborate on the nature of the felony). Ambila was released from incarceration and subjected to an order of supervision until 2024, during which time he reported regularly to ICE and complied with all of the government's efforts to obtain travel papers from the Democratic Republic of Congo. "Petitioner has cooperated fully with all of ICE's efforts to remove him," the petition states. "Specifically, petitioner has made repeated, failed attempts to obtain a Congolese passport and travel documents necessary for his removal." Sotoohi said the number of ICE detainees at the Cumberland County Jail has increased dramatically this year. The ACLU said there were 70 people being held in Portland by ICE, as of Friday. The ACLU is challenging Ambila's petition using a petition for a writ of habeas corpus, invoking a legal principle that broadly protects people from unlawful imprisonment. Petitions are filed for habeas corpus in all kinds of situations, not exclusively those involving immigration. When a judge shared plans earlier this year to release criminal defendants who have been denied a lawyer, she was ruling on a class-action habeas corpus petition. Sotoohi said this process is "an incredibly valuable tool." "It's going to the absolute heart of due process," she said. "The government cannot detain you based on speculation. ... (That's) something for all of us." Yet this principle has come under fire recently by the Trump administration. The president's deputy chief of staff Stephen Miller told reporters earlier this month that "the privilege of the writ of habeas corpus can be suspended in a time of invasion" and that they were "actively looking at it" depending on how immigration-related habeas cases are ruled on in court. On Wednesday, Homeland Security Secretary Kristi Noem wrongly told members of Congress that she believed the habeas process was used to "remove people from this country." Ambila's case is one of at least two petitions filed on behalf of someone in ICE custody in Maine. On May 14, the Immigrant Legal Advocacy Project filed a habeas corpus petition for Gedeon Mboko. A copy of his petition was not publicly available through online federal court records. ILAP Director Susan Roche said in a statement Friday that her organization filed a petition for Mboko to prevent ICE from transferring him outside Maine and away from his lawyers. Roche said the cases were timely, given a bill lawmakers will consider next week to prohibit Maine jails from voluntarily holding people for ICE. "ILAP urges the Maine Legislature to pass it," Roche said. "In this current environment with the federal government disregarding due process, LD 1971 is even more critical to protecting the rights, safety and lives of Maine residents." The U.S. Attorney's Office for the District of Maine said in an email Friday that it is reviewing the ACLU petition and it was too early to comment further. Attorney General Pamela Bondi, Noem and ICE Field Director Patricia Boyd are named as respondents. Cumberland County Sheriff Kevin Joyce, who is named as a respondent in Ambila's petition, said his lawyers were reviewing the case. Copy the Story Link We believe it's important to offer commenting on certain stories as a benefit to our readers. At its best, our comments sections can be a productive platform for readers to engage with our journalism, offer thoughts on coverage and issues, and drive conversation in a respectful, solutions-based way. It's a form of open discourse that can be useful to our community, public officials, journalists and others. We do not enable comments on everything — exceptions include most crime stories, and coverage involving personal tragedy or sensitive issues that invite personal attacks instead of thoughtful discussion. You can read more here about our commenting policy and terms of use. More information is also found on our FAQs. Show less
