Judge Dismisses ICE Case Despite Lingering Concerns

The case of a man detained by Immigration and Customs Enforcement and facing immediate deportation has been dismissed, but the federal judge still has concerns about the process.

Nolberto Gonzalez-Pablo filed an emergency petition seeking a writ of habeas corpus and an emergency motion for a temporary restraining order June 5 against Christopher Mason in federal court.

Mason is the acting superintendent of the South-Central Regional Jail where Gonzalez-Pablo was held for several days after being detained by ICE last month in Mason County. McShane is acting field office director for ICE’s Enforcement and Removal Operations office in Philadelphia. Kristi Noem is the U.S. Secretary for Homeland Security, and Bondi is the U.S. Attorney General.

On June 10, U.S. District Judge Joseph R. Goodwin dismissed Gonzalez-Pablo’s case without prejudice, but he said he is “concerned that the rapid removal of aliens across the United States leaves many powerless to challenge their confinement or their status in time.”

“Today, the government whisks detainees out of their home states by the plane full — and usually in short fashion,” he wrote. “But even in quick proceedings, aliens must be afforded some opportunity to challenge their detention.

According to court filings, Gonzalez-Pablo is a Mexican citizen and a long-term resident of West Virginia. He has been living in the United States for more than 10 years. He is not a United States citizen, but his wife and two daughters are. Until his detention, he was the primary provider for his family because of an injury his wife had sustained.