Lawyers for firefighter ask judge to order his release from ICE facility

Attorneys Request Judge to Demand Firefighter's Release from Immigration Detention

Attorneys representing an Oregon firefighter, who was detained by U.S. Border Patrol agents while battling a wildfire in Washington State, submitted a request to a federal court on Friday. They are asking a judge to mandate his release from an immigration detention center.

The individual, Rigoberto Hernandez Hernandez, along with another firefighter, was part of a 44-member team combating a fire in the Olympic National Forest on August 27 when they were apprehended as part of a larger criminal inquiry into the contractors employing them.

During a press briefing, attorneys from Innovation Law Lab declared that his detention was unlawful, contravening U.S. Department of Homeland Security policies that prohibit immigration enforcement at sites where emergency services are being provided.

The Bear Gulch Fire, one of the largest in the state, had burned 29 square miles (75 square kilometers) by Friday and was 9% contained.

The Border Patrol indicated at that time that the two workers were unlawfully present in the U.S., leading to their detention. However, federal officials did not disclose any details about the investigation concerning the contractors.

Attorney Rodrigo Fernandez-Ortega announced they had lodged a habeas corpus petition and a request for a temporary restraining order, aiming for the man’s release from the Northwest ICE detention facility located in Tacoma, Washington.

Via an email to The Associated Press, Homeland Security Assistant Secretary Tricia McLaughlin clarified that the two detained individuals were not serving as firefighters; instead, they supported operations by converting logs into firewood.

“The firefighting response remained uninterrupted the entire time,” she said. “U.S. Border Patrol’s actions did not prevent or interfere with any personnel actively engaged in firefighting efforts.” A spokesperson for the Border Patrol declined to comment, saying they don’t comment on active or pending litigation.

After Hernandez was taken into custody in August, his lawyers were unable to locate him for 48 hours, which caused distress for his family, Fernandez-Ortega said. He has been in the Tacoma facility ever since, they said.

Hernandez, 23, was the son of migrant farmworkers, his lawyer said. He was raised in Oregon, Washington and California as they traveled for work. He moved to Oregon three years ago and began working as a wildland firefighter.

This was his third season working as a wildland firefighter, “doing the grueling and dangerous job of cutting down trees and clearing vegetation to manage the spread of wildfires and to protect homes, communities, and resources,” his lawyer said.

Hernandez had received a U-Visa certification from the U.S. Attorney’s Office in Oregon in 2017 and submitted his U-Visa application with the U.S. Citizenship and Immigration Services the following year. The U-Visa program was established by Congress to protect victims of serious crimes who assist federal investigators.

He has been waiting since 2018 for the immigration agency to decide on his application and should be free during the process, his lawyers said.

You May Also Like

Lynette Hooker case far from ‘put to rest’ 6 months later as feds quietly reconstruct scene: former FBI agent

Former FBI Agent Says Lynette Hooker Case Remains Unresolved

“This is not a case that has been put to rest,” said…
Shooting near Baltimore youth football event leaves 12-year-old girl dead, 3 adults wounded

12-Year-Old Girl Killed, 3 Adults Wounded Near Baltimore Youth Football Event

A 12-year-old girl was killed and three adults were injured after two…
Hollywood developer unveils $450M plan to rescue movie industry

Hollywood Developer Unveils $450M Plan to Revive Struggling Movie Industry

A $450 million Hollywood development is making a bold, old-fashioned bet on…
Cornell knew of drug arrest, overdose at Chi Phi frat before alleged gang rape: records

Cornell Knew of Drug Arrest and Overdose at Chi Phi Fraternity Before Alleged Gang Rape, Records Show

Cornell University records show substantial drug activity at the Chi Phi fraternity…
Two killed, dozens hospitalized in mass shooting at homecoming party in Georgia

Two Killed, Dozens Hospitalized After Georgia Homecoming Shooting

A homecoming block party in a Georgia town ended in deadly violence…
US Marine arrested in Japan over suspected killing of woman as Tokyo lodges 'strong protest'

US Marine Arrested in Japan Over Woman’s Killing; Tokyo Protests

A U.S. Marine stationed in Japan has been arrested on suspicion of…
Arrestee dies after medical episode in custody at NYPD precinct

Arrestee Dies After Medical Emergency in NYPD Precinct Custody

A man arrested by the NYPD on drug charges died one day…
Russia may be using hidden 'lunchbox-size' drone devices to counter Ukraine defenses: expert

Russia May Use Lunchbox-Size Drones to Breach Ukraine Defenses

Russia could be placing compact signal repeaters inside Ukrainian urban areas to…
Cornell 7 case updates: 'I am Jane Doe' movement on social media supports alleged gang rape victim suing Cornell University

‘I Am Jane Doe’ Campaign Backs Cornell Gang Rape Lawsuit

NEW YORK — One woman posted that she was Jane Doe. Then…
It's (D)ifferent? Some Media Reportedly Blocked From Event With Kamala, CA Congressional Candidate

Media Reportedly Barred From Event With Kamala Harris and California Congressional Candidate

Kamala Harris’ recent campaign appearances have drawn attention, though not necessarily for…
Hayride tractor crashes, injuring 14 -- including 3 critically -- at upstate NY youth outing

Hayride Tractor Crash Injures 14, Three Critically, in Upstate NY

A hayride turned dangerous in upstate New York on Sunday when a…
New York Islanders welcome back beloved 105-year-old WWII vet Dominick Critelli to play national anthem

New York Islanders Honor 105-Year-Old WWII Veteran Dominick Critelli

He has become a true national treasure. At 105, World War II…