IOWA CITY, Iowa (AP) — An immigration judge has denied bond to Felipe de Jesus Hernandez Marcelo, a man who has been detained by Immigration and Customs Enforcement (ICE) since he sought police help after surviving a near-fatal shooting in Iowa months ago.
The ruling, issued Wednesday, means Hernandez, 28, will remain in custody while awaiting deportation proceedings. He admitted to entering the United States illegally from Mexico in 2021.
Hernandez has been in ICE detention since June 24, just three days after he was shot during a robbery attempt in Muscatine, Iowa. He is currently in the process of applying for a special visa under a federal program designed to assist crime victims in reporting offenses without fear of deportation.
ICE rescinded a policy that provided protections for crime victims earlier this year, leading to a rise in arrests of individuals like Hernandez as the administration prioritizes enforcement of immigration laws.
Quick action by authorities and medical teams at two hospitals saved Hernandez's life after bullets struck his wrist and thigh on June 21.
Upon later retrieving his belongings from the police, Hernandez was arrested due to a prior warrant issued for unpaid traffic tickets. He was subsequently turned over to ICE within hours.
During his incarceration, Hernandez has missed out on medical appointments for the rehabilitation of his injuries, has been separated from his 9-year-old son, and has lost his job in the construction industry that supported his extended family.
Last month, an immigration judge in Nebraska had concurred with ICE about his mandatory detention. However, a federal judge overturned that decision recently, citing the requirement for a bond hearing and pointing out the “irreparable harm” Hernandez has experienced while detained.
During the bond hearing, Hernandez’s attorney, Emily Rebelskey, argued against his detention, stating he posed no flight risk or threat to the community and is applying for a U visa while being a crucial witness in the criminal case against his attackers. One of the assailants has pleaded guilty, while the other awaits trial.
Despite these arguments, Immigration Judge Alexandra Larsen remarked in her ruling that it was uncertain whether Hernandez would qualify for the visa. She cited concerns over his compliance with immigration law as a basis for denying bond, emphasizing his history of legal violations during his 4.5 years in the United States.
Rebelskey vowed to continue fighting for Hernandez's release, citing evidence that refutes claims of him being a flight risk.
