ATLANTA – Journalist Mario Guevara’s legal team filed a letter late last night again urging the court to grant a temporary restraining order preventing his imminent deportation and ordering his immediate release from detention in light of new orders received last night from the Board of Immigration Appeals (BIA).
An Emmy-award winning journalist, Mr. Guevara has been detained for over 100 days in retaliation for his work, specifically livestreaming law enforcement activity, including ICE raids. In a decision received last night, the BIA issued an order of final removal, which authorizes his deportation. The BIA justified the order on the false basis that Mr. Guevara failed to pay an immigration bond 13 years ago.
“Mario Guevara’s deportation would be a devastating outcome for a journalist who’s been wrongfully detained for over 100 days in gross violation of his First Amendment rights,” said Scarlet Kim, senior staff attorney with the ACLU’s Speech, Privacy, and Technology Project. “Journalists should not have to fear government retaliation for doing their jobs, and showing up to work should not mean getting your family torn apart. The BIA’s decision is wrong on the facts, and we are urgently fighting for his release and to prevent his imminent deportation.”
On September 19, the Board of Immigration Appeals (BIA) declined to release Mr. Guevara on bond, despite an immigration judge’s earlier order granting his release. Instead, the board re-opened Mr. Guevara’s immigration case, which had been closed 13 years ago and had resulted in his authorization to work in the United States. The BIA erroneously claimed that the immigration courts have no authority to approve his release from detention because he had been issued an order of removal in 2012. In an order received last night, the BIA erroneously stated that its determination was based on what it deemed a lack of evidence showing that Mr. Guevara paid a bond in 2012 to support his order of voluntary removal, despite ICE records proving otherwise.
“Mr Guevara's arrest, over 100-day detention, and the effort to deport him all point to an erosion of the civil rights of all Georgians, particularly journalists whose work is a foundation of democracy,” said Andrea Young, executive director of the ACLU of Georgia. “We urge the court to reverse this terrible injustice."
Mr. Guevara’s legal team filed a motion on Monday seeking a temporary restraining order (TRO) preventing his removal while his habeas case is pending, to ensure that the federal court does not lose jurisdiction over his claims, and seeking his immediate release. The court has not yet ruled on the TRO.
The American Civil Liberties Union; the ACLU of Georgia; the University of Georgia School of Law’s First Amendment Clinic; Garland, Samuel & Loeb, P.C.; and Diaz & Gaeta Law, LLC originally filed a habeas petition in August in the United States District Court for the Southern District of Georgia, arguing that Mr. Guevara’s continued detention violates the First and Fifth Amendments. The petition argues that his continued detention is retaliatory, amounts to a prior restraint on his future speech and reporting, and violates due process.
The letter is online here.
Mario’s letter from ICE is here.
Stay Informed
Sign up to be the first to hear about how to take action.
By completing this form, I agree to receive occasional emails per the terms of the ACLU’s privacy statement.
By completing this form, I agree to receive occasional emails per the terms of the ACLU’s privacy statement.