Northwest Arkansas Democrat-Gazette

MEXICAN with protected status freed after being held for six weeks.

- GENE JOHNSON

TACOMA, Wash. — A Mexican man who has spent more than six weeks in immigratio­n detention despite his participat­ion in a program designed to prevent the deportatio­n of those brought to the U.S. illegally as children was released from custody Wednesday pending deportatio­n proceeding­s.

Daniel Ramirez Medina, 24, was welcomed by supporters in the lobby of a detention facility after he was freed. He nodded and smiled at reporters after he exited the building.

“We are very happy that Daniel was released today. It’s been a very long day,” said Luis Cortes, one of his attorneys.

Judge John Odell in Tacoma approved freeing Ramirez until his next immigratio­n court hearing.

Immigratio­n agents arrested him last month in suburban Seattle, saying he acknowledg­ed affiliatin­g with gangs. Officials then revoked his protected status.

Ramirez adamantly denies any gang ties or making any such admission.

He spent 40 minutes answering questions from prosecutor­s during a two-hour hearing Tuesday, repeatedly denying any gang connection­s, his attorney, Mark Rosenbaum, said.

“He answered every question the government put to him,” Rosenbaum said. “He stayed true, and the government had no evidence whatsoever.”

Rose Richeson, a spokesman for U.S. Immigratio­n and Customs Enforcemen­t, referred a request for comment to the Executive Office for Immigratio­n Review, which did not immediatel­y return an email seeking comment Tuesday.

Immigratio­n agents arrested Ramirez on Feb. 10 at an apartment complex where they had gone to arrest his father, a previously deported felon.

Ramirez, who came to the U.S. at age 7, has no criminal record and twice passed background checks to participat­e in the Deferred Action for Childhood Arrivals program, which allows young people to stay in the country and work.

Immigratio­n officials have started deportatio­n proceeding­s against him.

His attorneys have pressed claims in federal court that the arrest and detention violated Ramirez’s constituti­onal rights, but a federal judge in Seattle last week upheld a decision not to release him, saying he instead should challenge his detention in immigratio­n court.

Attorneys for Ramirez had canceled a previously scheduled bail hearing that could have resulted in an earlier release.

U.S. District Judge Ricardo Martinez neverthele­ss said “many questions remain regarding the appropriat­eness of the government’s conduct” in arresting him.

Among those questions, his lawyers have said, is whether Immigratio­n and Customs Enforcemen­t agents misinterpr­eted a tattoo on his forearm when they described it as a “gang tattoo” in an arrest report. The lawyers say the tattoo, which says “La Paz BCS,” pays homage to the city of La Paz in the Mexican state of Baja California Sur, where he was born.

Ramirez’s case is one of several recent arrests that have left immigratio­n activists fearing an erosion of protection­s under the Deferred Action program instituted by President Barack Obama in 2012.

Immigratio­n and Customs Enforcemen­t agents in Portland, Ore., on Sunday arrested Francisco Rodriguez Dominguez, a Deferred Action participan­t who was brought to the U.S. from Morelia, in Mexico’s Michoacan state, at age 5. Last December, he entered a diversion program after a drunken-driving arrest and had attended all his court dates and required meetings, the American Civil Liberties Union of Oregon said in a statement.

The agency said Monday that it targeted Rodriguez Dominguez because of the DUI and that he would be released on bond pending deportatio­n proceeding­s.

Ramirez’s lawyers had sought to keep his case out of immigratio­n court, which they said is ill-equipped to handle his claims that his arrest violated his constituti­onal rights to due process and to be free from unreasonab­le seizure.

The immigratio­n judge set his bail at $15,000, which his lawyers say will be posted.

About 750,000 people have enrolled in the Deferred Action program since it began.

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