A judge ruled that a Chicago man was illegally detained by immigration authorities and must be given a bond hearing by Oct. 31, as his 16-year-old daughter undergoes treatment for cancer.
“While sympathetic to the plight the petitioner’s daughter faces due to her health concerns, the court must act within the constraints of the relevant statutes, rules, and precedents,” U.S. District Judge Jeremy Daniel wrote on Friday.
The judge ruled that while it violated his due process, it would be unsuitable to release him immediately.
An attorney for Ruben Torres Maldonado, the man at the center of the deportation case, cheered the ruling.
“We’re pleased that the judge ruled in our favor in determining that ICE is illegally detaining Ruben. We will now turn the fight to immigration court so we can secure Ruben’s release on bond while he applies for permanent residence status,” his attorney, Kalman Resnick, said in a statement.
“Squad” Rep. Delia Ramirez (D-IL) also responded to the ruling after it dropped, calling for the Trump administration to be “held accountable,” as it continues with its deportation operations across the United States.
“Great news! The courts have declared that Rubén Torres Maldonado was illegally detained by ICE and a bond hearing to secure his release must be held by Oct 31st,” Ramirez wrote on social media. “I am proud to be part of a coalition fighting to ensure that families remain together and the rule of law is upheld. Rubén must be reunited with his family and DHS must be held accountable for the pain they have caused.”
Torres was detained near a Home Depot on Oct. 18, and his attorneys have petitioned for his release as his case goes through the system.
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The painter and home renovator came to the U.S. in 2003. He and his partner have a daughter and a son. Ofelia Torres, his daughter, was diagnosed with a rare form of cancer in December and is undergoing chemotherapy and radiation treatment.
“My dad, like many other fathers, is a hard-working person who wakes up early in the morning and goes to work without complaining, thinking about his family,” Ofelia said in a video posted on a GoFundMe page set up for her family. “I find it so unfair that hardworking immigrant families are being targeted just because they were not born here.”
