In Gomez Lopez v. Moniz, the ACLU of Massachusetts and Del Olmo Law are representing Feliciano Gomez Lopez, who has been unlawfully detained without a bond hearing by U.S. Immigration and Customs Enforcement (ICE) since May 9, 2017. Without court intervention or a bond hearing, which would allow Mr. Gomez Lopez to demonstrate that he does not pose a danger or flight risk, he will remain in custody for the duration of his immigration proceedings—which may continue for many months, or even years.
Fearing for his life in Guatemala, Mr. Gomez Lopez fled to the United States in 2001. For years, he worked in Lynn, Massachusetts and lived with his longtime partner, her U.S. citizen daughter, and the couple's U.S. citizen son before he was deported in 2011. An unsuccessful attempt to reunite with his family in the United States was followed by an attempt on his life in Guatemala, Mr. Gomez Lopez's once again entered the country. ICE detained him in May 2017 and moved to reinstate his prior order of removal.
Mr. Gomez Lopez demonstrated a reasonable fear of persecution in Guatemala, and was put into proceedings in immigration court to determine whether he qualifies for withholding of removal, a form of protection from removal to Guatemala.
* A habeas corpus proceeding is a way to challenge your detention in federal court. By filing a habeas corpus petition, you argue that you are being held in violation of the law and your constitutional rights. Legal arguments in a habeas corpus case are usually done through written motions. -ABA Legal Guide for ICE Detainees
