Lawyer Laura Jiménez said that “immigration authorities have incurred multiple procedural violations.”
Miami, United States. – Lawyer Laura Jiménez, legal representative of the Cuban immigrant Didie Espinosa, denounced on Tuesday that her client remains arbitrarily detained for the Immigration and Customs Control Service (ICE) since June 16, after an audience on her request for political asylum in the Miami immigration court.
Espinosa, of Cuban nationality, is held at the Broward Transitional Center detention Center. According to a community -sent to Cubanetthe authorities have ignored “the corresponding legal procedures” and their detention constitutes a violation of due process.
Jiménez said that “the immigration authorities have incurred multiple procedural violations” and explained that the day after the detention was presented by appeal by challenging the court order, but this was “closed arbitrarily in court”, and subsequently sent to the Immigration Appeals Court.
The lawyer argues that, in accordance with the current legal procedure, Espinosa should not have been placed in the process of expedited deportation without first conducting a credible fear interview (ICC), since his asylum application was still in the process of appeal. “The officer designated to conduct the interview was informed that the deportation order was not adequate in these cases, and his immediate blockade was requested,” he explained.
At that time, the statement adds, both the officer in charge and the ICE official “were informed of the situation and the request for liberation” and “reaffirmed that the detainee had to go through a credible fear interview and requested to be informed when it would be conducted.”
However, after 36 days of detention, Espinosa was notified on Tuesday that “he would not have to go to a credible fear interview, because his case was pending appeal.” For Jiménez, this decision shows that “neither departments have been prepared or informed to apply the established law.”
“I am deeply concerned about the way in which the case of my client and many other detained in this situation is being handled. The constant breach of the correct legal procedures or the ignorance of them means not only an unnecessary expense of taxpayers’ resources, but an alarming violation of human rights and due process,” said the lawyer.
The case of Espinosa motivated urgent management by his wife, Daysis Salvador, who contacted two of the Cuban American congressmen in southern Florida, María Elvira Salazar and Mario Díaz-Balart. Both offices “received all the information in the case and expressed that it deserved attention and monitoring,” says the statement.
Salvador said that her husband “flew away from the Castro dictatorship,” which was arrested several times, constantly harassed and that “she was forbidden to have access to higher studies.” He said Espinosa “deserves to be free.” “He asked with his heart to help him. My husband does not deserve to be detained or be treated as a criminal. Didie came to the United States seeking protection, and he can’t stand it anymore,” he said.
The legal defense has requested the immediate release of Espinosa, arguing that his detention is contrary to law, and has reiterated that his request for political asylum continues in an appeal phase.
