In brief
An immigration judge ruled against releasing Felipe de Jesus Hernandez Marcelo, who is in custody after being shot during a robbery in Iowa. Hernandez, 28, was seeking bond while applying for a U visa designed for crime victims. The judge's ruling came amidst a wider immigration policy shift under the Trump administration which has led to increased deportation risk for crime victims. His attorney argues that Hernandez is not a flight risk and serves as a key witness in the criminal case against his assailants.
IOWA CITY, Iowa (PulseWire) — An immigration judge has denied bond to Felipe de Jesus Hernandez Marcelo, a 28-year-old man who has been in Immigration and Customs Enforcement (ICE) custody since he sought police help after being shot during a robbery in Muscatine, Iowa.
Hernandez, who entered the U.S. illegally from Mexico in 2021, has been detained since June 24, just days after he narrowly survived gunshot wounds when two assailants attacked him. He is currently seeking a special U visa that allows crime victims to report incidents without the fear of deportation.
This denial comes after ICE rescinded a protective policy that previously safeguarded crime victims. Since the Trump administration’s focus has intensified on deporting individuals without legal status, the environment for crime victims seeking assistance has become precarious, leading many to fear for their safety and security.
After being shot on June 21, Hernandez was saved by prompt medical aid, but following an arrest for outstanding traffic warrants when he went to retrieve his belongings, he was transferred to ICE.
While detained, Hernandez has missed crucial medical appointments for recovering from his injuries and has been separated from his 9-year-old son, whom he raises as a single father. His lawyer, Emily Rebelskey, argued that he is not a threat to society or a flight risk and is in the process of applying for the U visa while cooperating as a key witness in the criminal lawsuit against his assailants, one of whom has pleaded guilty, while the other awaits trial.
Despite these arguments, immigration Judge Alexandra Larsen ruled that it remains uncertain whether Hernandez would qualify for the visa, citing concerns about his undocumented status and past legal violations.
Rebelskey stated she will persist in efforts to secure Hernandez's release, underscoring the evidence that suggests he poses no risk of flight.
