An asylum applicant from Central America arrested outside a Los Angeles immigration court is demanding immigration and customs control, national security and Trump administration for their immediate release and that of their two children, including their 6 -year -old son beaten with cancer.
The Honduran woman, not appointed in judicial documents, presented a request for writings by Habeas Corpus, challenging the legality of her arrest and her family in a Texas installation. He is also asking for a preliminary court order that prevents the immediate deportation of his family from Honduras, while his children cry and pray every night to be released from a Texas Tenure Center, according to judicial documents.
She and her two children, including a 9 -year -old daughter, face two elimination procedures simultaneously: a prior removal procedure that involves her asylum application and this recent accelerated removal process.
The woman states that the government violated many of her rights, including the due process of the 5th amendment.
His lawyers noticed that the DHS determined that it was not a risk of flight when he was on probation to the country and that his detention was unjustified.
Women's lawyers also argued that they were not given the opportunity to dispute their family in front of a neutral judge.
They also argue that the right of the fourth amendment of the family was violated not to be arrested illegally.
The Honduran mother is being represented by several groups, including lawyer Kate Gibson Kumar, of the Texas Civil Rights Project, the Center for Legal Education and Refugee and Immigrant Service based in San Antonio and the Defense Group of Immigrants Texas.
The claim was filed at the United States District Court in San Antonio on Tuesday.
An email after schedule to the National Security Department was not responded immediately.
One of the focal points of demand is the destiny of the woman's son.
The young man was diagnosed with acute lymphoblastic leukemia at the age of 3 and has suffered chemotherapy treatments, including the injection of chemotherapeutic agents in his cerebrospinal fluid, according to judicial documents.
The treatment began in Honduras and completed two years of chemotherapy, at which time the mother believes that she no longer has leukemia cells in her blood, according to judicial documents.
However, the child needs regular monitoring and medical care for their condition, according to judicial documents.
Last year, the family fled to the United States to “seek security” after they were subject to “imminent and threatening death threats” in Honduras, according to judicial documents.
They requested the entrance while waiting in Mexico and received an appointment with the CBP One application in October to request asylum. They were presented in an unleashed border entrance, were processed and were on probation in the United States, according to judicial documents.
They were scheduled to appear before an immigration court in Los Angeles and moved to the area to live with the family.
Both children enrolled in local public schools, attended the Church on Sunday and learned English, according to judicial documents.
The trio arrived at the Court on May 29 for a hearing for asylum application and was surprised when a national security lawyer requested that his case be dismissed, according to judicial documents.
The woman told an immigration judge: “We want to continue [with our cases]”According to judicial documents.
The judge granted the dismissal and the Honduran mother and two children were immediately arrested by the ICE agents of Civils when leaving the courtroom in the hall, according to judicial documents. The woman had a medical appointment of June 5 scheduled for the diagnosis of cancer of her son, which she could not attend due to the arrest.
The family was arrested for hours on the first floor before being taken to an immigration center not revealed in the city, according to judicial documents.
The three “cried with fear” and the young man urged himself and remained with wet clothes “for hours”, according to judicial documents.
The trio was placed on a flight to San Antonio along with several other families. The flight date was not available.
After landing, the family was transported to a detention center in Dilley, Texas, where they have resided since then.
The children have cried every night and prayed “for God to get them out of the detention center,” according to judicial documents.
The mother states that the federal government did nothing to monitor her child's leukemia for days.
His lawyers have also sought the child's release for medical treatment, a request that was not fulfilled.
