Federal Judge Orders Release of Migrant Detained by ICE, Citing Due Process Violation

A federal judge in New Jersey has ordered the immediate release of Marlon Andrés Torres Gómez, a Colombian national detained by Immigration and Customs Enforcement (ICE). U.S. District Judge Michael Farbiarz ruled that ICE violated the migrant's constitutional rights by preventing his voluntary departure and subsequently extending his detention.

Torres Gómez, who resided in the U.S. without legal status, had been granted permission by an immigration judge to leave the country voluntarily by June 11. Despite his lawyers' efforts to coordinate his departure and his purchase of a plane ticket, ICE maintained custody, arguing he was subject to mandatory detention after the deadline passed.

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The plaintiff had been ordered to leave and was ready to do so. But, in the absence of a structured process, what happened was not surprising: an ‘error’ was committed and the plaintiff remained in custody after June 11.

Judge Farbiarz found ICE's arguments to be "after-the-fact justifications and clearly not persuasive." He noted that Torres Gómez was ready to leave but remained in custody due to a procedural "error." The judge also considered that a prior immigration judge had determined Torres Gómez did not pose a danger to the community.

The case raises questions about the handling of voluntary departure orders and due process for migrants. The judge expressed confidence that Torres Gómez would take immediate steps to leave the U.S. voluntarily upon his release.

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The Court takes it as a given that, once released, the plaintiff will take immediate steps to voluntarily leave the United States.