A father, recently taken into custody by federal immigration agents while his daughter battles cancer, has been released, according to a family representative. The incident took place in the suburban areas of Chicago.
Ruben Torres Maldonado had been in detention since October 18.
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Initially, he was held at the Broadview detention center but was subsequently transferred to a facility in Indiana, where he spent the past week.
He is expected to reunite with his family in Chicago on Thursday night.
His daughter, who is just 16 years old, is currently receiving cancer treatment, as shared by family members.
Maldonado was apprehended at a Home Depot location in Niles.
Immigration Judge Eva Saltzman set a $2,000 bond Thursday, which his family paid
During the hearing, Judge Saltzman not only ruled for him to be released, she also said he is now eligible to apply for a cancellation of removal based on the hardship his family would endure if he’s removed from the country. If his application is denied, he could still be facing deportation.
His attorney said he will apply.
Despite the Department of Homeland Security claiming Torres-Maldonado has a history of “habitual driving offenses and has been charged multiple times with driving without insurance, driving without a valid license, and speeding,” Judge Saltzman said she had no reason to believe that he posed a risk to the public.
DHS says he’s been living in the U.S. illegally for years.
“I see that you have very strong family ties and community ties in the United States and that you’ve hired an attorney which shows me that you take these proceedings very seriously,” the judge said. “And I see nothing in the record that would indicate to me that you pose a danger to the community.”
Torres Maldonado also noted during the hearing that he has a valid license and insurance.
“If they want to say someone is a criminal alien, they have to come up with evidence and proof and say so specifically. Today the immigration judge put the question to the government directly. So ,you have any reason to think Mr. Torres Maldonado should be detained? And they had nothing,” lawyer Charlie Wysong said.
A judge last week ruled Torres Maldonado had to be given a prompt bond hearing, calling his detention unlawful.
Attorneys said he has been in the U.S. since 2003, and is a father of two U.S. citizen children, including his 16-year-old daughter, Ofelia, who has been battling stage four cancer.
Attorneys mentioned the difficulties that have come up in that treatment over the last 10 days, as she has been separated from her father.
Just this week, ABC’s Stephanie Ramos interviewed the daughter of Torres Maldonado about his case
“He had parking and like traffic tickets from before I was born. I don’t know. I’ve gotten a parking ticket, am I a criminal?” Torres said.
ABC News contributed to this report.
