San Francisco Chronicle

Mom with asylum finally free

El Salvador woman released from Yuba County Jail months after immigratio­n judge ruled in her favor

- By Tatiana Sanchez

A San Bruno mother kept in ICE detention and denied bail for several months, even after winning her asylum case this spring, was freed Wednesday — though her case remains in limbo.

Aida Andrade Amaya left the Yuba County Jail on $3,000 bond. Her lawyer, Jehan Laner Romero of Pangea Legal Services in San Francisco, sued the Department of Homeland Security and U.S. Attorney General William Barr on Oct. 10, arguing her prolonged detention was unjust and illegal.

Days later, immigratio­n authoritie­s told Romero that Andrade Amaya was eligible for bond, her team said.

“This victory was led by Aida from detention,” said Edwin CarmonaCru­z, a spokesman for the nonprofit Pangea. “She bravely told her story and we were a platform for her to amplify what was happening.”

Andrade Amaya, 29, briefly thanked her supporters during a news conference Thursday at the U.S. Immigratio­n and Customs Enforcemen­t headquarte­rs in San Francisco.

“Thanks to God I was freed, and to my attorneys, who supported me so much,” she said.

The U.S. Department of Homeland Security did not respond to a request for comment Thursday.

ICE said it does not comment on pending litigation.

Andrade Amaya said she fled domestic violence in El Salvador in 2012. She then crossed the border into the United States illegally and petitioned for asylum. Since her arrival, she has worked cleaning houses.

In November, as Andrade Amaya’s asylum case progressed in immigratio­n court, ICE abruptly arrested her. They said Interpol had issued a “red notice” — an internatio­nal request to locate and detain — for her. Offering no evidence, officials in El Salvador accused Andrade Amaya of aggravated robbery, burglary and participat­ion in MS13, the deadly crossborde­r gang often invoked by President Trump.

ICE jailed her and kept her there.

Immigratio­n Judge Julie Nelson denied her bail twice during the year. In May, however, while Andrade Amaya was still in jail, Nelson granted her asylum and a work permit.

Andrade Amaya’s lawyer, Romero, said the claims about criminal activity in El Salvador were false and lacked specifics about Andrade Amaya’s alleged involvemen­t in the crimes or when they took place.

Some immigratio­n attorneys have criticized ICE’s use of red notices to target immigrants for detention, arguing the notices are easy to obtain and often contain broad and inaccurate informatio­n.

The red notice complicate­d Andrade Amaya’s case, kept her in jail and led Nelson to deny her bond in February and July.

The judge said Andrade Amaya’s criminal charges in El Salvador made her a danger and flight risk, according to Romero.

But days after Andrade Amaya’s lawyers sued the federal officials last week, ICE told Romero that she was eligible for bond, setting the stage for her release, her team said.

The Bay Area Immigratio­n Bond Fund, which uses community donations to help detained individual­s across the state, posted the $3.000 for Andrade Amaya on Wednesday.

ICE continues to press the case against her, however, and Andrade Amaya’s lawyers say they are confident she will win it.

“I think we have a good chance on appeal,” Romero said Thursday. “Her case is so welldocume­nted it’s ridiculous that they’ve kept fighting it.”

Andrade Amaya’s “mental health and physical health had been really deteriorat­ing in the last few weeks,” her attorney said, noting that she has a 4yearold daughter, Jade, and that she missed her son Mario’s first year of life.

Meanwhile, ICE has appealed Andrade Amaya’s asylum. A decision on that case is pending from the Board of Immigratio­n Appeals.

 ?? Michael Short / Special to The Chronicle ?? Above: Pangea Legal Services staffer Edwin CarmonaCru­z (center left) listens as Aida Andrade Amaya discusses her detention by Immigratio­n and Customs Enforcemen­t alongside daughter Jade. Below: Andrade Amaya and her son, Mario.
Michael Short / Special to The Chronicle Above: Pangea Legal Services staffer Edwin CarmonaCru­z (center left) listens as Aida Andrade Amaya discusses her detention by Immigratio­n and Customs Enforcemen­t alongside daughter Jade. Below: Andrade Amaya and her son, Mario.
 ?? Pangea Legal Services 2018 ??
Pangea Legal Services 2018
 ?? Michael Short / Special to The Chronicle ?? Aida Andrade Amaya speaks with her daughter, Jade, 4, during a rally by immigrant rights supporters outside Immigratio­n and Customs Enforcemen­t's headquarte­rs in San Francisco.
Michael Short / Special to The Chronicle Aida Andrade Amaya speaks with her daughter, Jade, 4, during a rally by immigrant rights supporters outside Immigratio­n and Customs Enforcemen­t's headquarte­rs in San Francisco.

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