Particle.news
Download on the App Store
3 ARTICLES
·
2d ago

Transgender Asylum Seeker Released After Judge Rules ICE Violated Due Process

Her release follows a ruling that her arrest in a Portland courthouse led to a 40-day detention without proper legal safeguards

FILE - Barbed wire fencing is shown behind a sign in English and Spanish in a recreation yard used by detainees during a media tour of the U.S. Immigration and Customs Enforcement detention center, Dec. 16, 2019, in Tacoma, Wash. (AP Photo/Ted S. Warren, file)
Image

Overview

  • On July 14, U.S. District Judge Amy Baggio granted a habeas corpus petition, finding that ICE’s arrest of O-J-M in a Portland courtroom violated her right to procedural due process.
  • The 24-year-old transgender asylum seeker from Mexico was held at Tacoma’s Northwest ICE Processing Center for over 40 days after her removal proceedings were dismissed in early June.
  • Court filings show that O-J-M had complied with all ICE check-in requirements and fled cartel-inflicted gender-based violence before seeking asylum in the U.S.
  • She has returned to her family under the terms of her ongoing asylum case.
  • Innovation Law Lab and other advocates have used the decision to challenge ICE’s courthouse arrest tactics and underscore the need for stronger protections for transgender migrants.