A Texas immigration judge granted a $5,000 bond for Noe Guerrero, but ICE is keeping him for several more days while they consider filing an appeal.
CONROE, Texas — Immigration Court Judge Billy J. Sapp issued a $5,000 bond for Noe Guerrero, a man detained by ICE following a controversial arrest. However, federal authorities are filing a 10-day stay to keep him in custody while they consider an appeal.
Guerrero’s attorney, Anali Looper, shared that Texas Department of Public Safety officers suspected drug activity in Guerrero’s neighborhood and contacted ICE.
Looper, from nonprofit immigration law firm American Gateways, said that according to an I-213 form filed by ICE, DPS was “investigating drug activity in his neighborhood and suspected he might be involved” and “based on their training, believed that he is here illegally.” An I-213 form is a form “ICE uses to summarize their encounters with non-citizens,” Looper said.
However, when Looper requested records from Texas DPS yesterday, she was told there were no responsive records related to her client.
“I think it’s very telling that Texas DPS has not arrested him and not brought charges,” Looper said. “They would have to make a probable cause showing to a state court judge to get an arrest warrant, and they haven’t done that because they don’t have evidence that Noe has been involved in illegal drug activity.”
Looper said that Guerrero maintains he has never been involved in drug activity.
In an unusual move during today’s bond hearing, ICE filed a new version of the I-213 form with references to DPS redacted, asking the judge to withdraw the original document from the record.
“Early this morning [ICE] filed a new one with the mention of CPS redacted, um, and so the judge let them withdraw from the record, the original version,” Looper said.
She said Sapp responded by saying “the horse is already out of the barn on this one,” acknowledging that while the information could be removed from the official case record, it was already public knowledge. The judge had to take a five-minute recess to consider the unusual request.
In the end, the request was granted, and the results of the hearing were bittersweet.
“So the judge granted bond, a $5000 bond, which is good news,” said Looper. “We know though that ICE systematically is reserving appeal and filing a stay in pretty much all bond cases, it seems like. So they’re saying, ‘Oh, you can’t get out of detention for 10 days while we’re thinking about whether or not we want to file this appeal.’ So it, it is a win for Noe in that the judge decided he is not a flight risk, he is not a danger to the community, he has strong ties here locally and deserves to be out on bond. Now we ask ICE to do the right thing and release him.”
“I think people should be horrified,” Looper said about the extended detention. “The amount of effort that has gone into arresting and detaining Noe is just so unnecessary on every level. Nobody’s winning in this.”
She shared that while ICE does have the right to re-arrest someone who is out on bond, she argues, “It’s a Fourth Amendment violation for ICE to be able, with such unfettered power, to go and rearrest people who have already been paid a bond and who are complying with all the requirements of the bond.”
Looper says the prolonged detention has significantly impacted Noe and his family, including young children who “don’t understand why their father’s not coming home.” The case is also costing taxpayers an estimated $160 per day for immigration detention, according to Looper.
Once the 10-day detention goes by, and ICE does not request an extension of that stay or file an appeal, Guerrero can then pay his bond and come home. Looper says he is currently in removal proceedings, but has requested relief based on hardship to his U.S. citizen child, who has health issues. His next court hearing is scheduled for October.
Looper says recent events will not affect the ultimate decision of whether he wins his case and “can move forward with citizenship one day.”
Looper is encouraging community members to contact their elected officials about how they want such cases handled in their community.