The Board of Immigration Appeals on Tuesday night issued a final order of removal to deport Atlanta journalist Mario Guevara, who is a citizen of El Salvador. Guevara, who is legally permitted to work in the United States with a pending green card application, has been imprisoned at the Folkston ICE Processing Center since June 18. He was arrested June 14 on misdemeanor obstruction charges, which were later dropped, while covering a “No Kings” protest in DeKalb County.
In another development, US Magistrate Judge Benjamin Cheesebro today ordered that Guevara’s related habeas petition demanding his release be served on Attorney General Pam Bondi and the warden of the Folkston ICE Processing Center. The federal judge gave them five days from receipt to “show cause” for why it should not be granted.
“The court orders respondents to show cause, in writing, why petitioner’s writ should not be granted by filing an answer within 5 days of service of the petition, given the nature of these Proceedings,” Cheesbro’s Sept. 24 order said.
According to the American Civil Liberties Union (ACLU), which is representing Guevara, the Board of Immigration Appeals’ Sept. 23 deportation order was issued “on the false basis that Mr. Guevara failed to pay an immigration bond 13 years ago.”
“Mario Guevara’s deportation would be a devastating outcome for a journalist who’s been wrongfully detained for over 100 days in gross violation of his First Amendment rights,” said one of his lawyers, ACLU senior staff attorney Scarlet Kim in a statement.
In response to the deportation order, the ACLU again today asked US Magistrate Judge Benjamin Cheesbro to grant Guevara’s emergency motion for a temporary restraining order against being deported, while his habeas petition is pending.
The ACLU filed the emergency motion for the temporary restraining order on Sept. 22, after the Board of Immigration Appeals on Sept. 19 re-opened Guevara’s 2012 immigration case.
“Journalists should not have to fear government retaliation for doing their jobs, and showing up to work should not mean getting your family torn apart,” Kim said. “The BIA’s decision is wrong on the facts, and we are urgently fighting for his release and to prevent his imminent deportation.”
Guevara has been jailed for 102 days.
This is outrageous. How can the government deport someone whos legally allowed to work here just because of a bond issue from 13 years ago? Mario Guevara has been unjustly detained for over a hundred days, and now theyre issuing a final order? As a citizen, I believe everyone deserves due process, especially a journalist covering protests. The fact that his First Amendment rights are being violated is unacceptable. Its a sad day when we have to worry about going to work and ending up in ICE custody. The ACLU is fighting for him, but we need to keep the pressure on. This shouldnt be happening in America.labubu live wallpaper