By Belisa Morillo and Rogelio Mora-Tagle
Asylum seeker César Marroquín never saw his immigration judge before being deported.
The immigration authorities of the United States erroneously expelled him, although he warned the agents of this and he never made it to his first appointment in immigration court to see his case.
Without a deportation order in his name, Marroquín, 29, was sent on August 19 along with dozens of deportees to Guatemala, the country from which he was fleeing after being a victim of assaults and kidnapping, according to his account.
"They told me that if I didn't get on the plane they would file charges against me," Marroquín told Noticias Telemundo.
"In the system
there was some mistake with me
."
His current attorney, Marty Rosenbluth, believes it is a blatant mistake: "I have seen some cases of people being deported by mistake, but
I have never seen one like this, being deported even before their first hearing
[before a judge]."
The Immigration and Customs Service (ICE) told Noticias Telemundo that Marroquín's deportation was due to an “administrative error” while the immigrant still had his process open in the United States.
The authorities and the lawyer are now working on a readmission of the Guatemalan to the United States.
["My bond to get out is $ 150,000" - meet one of the toughest immigration judges]
Marroquín says that he fled his native Guatemala due to political persecution and physical violence against him for having supported a local politician.
First they threatened him and raided his home;
later he had a mishap in his car of which he suspects an accident.
Finally,
they kidnapped him at gunpoint and tortured him for several days.
They left him on the side of a road and after that he left his country.
"I was alone with my Google Maps."
César Marroquín walked several miles guided by his cell phone after crossing the river near Falfurrias, Texas, on the border between Mexico and the United States.
"I crossed the river because I couldn't find the border."
He came to a highway where a truck driver helped him a stretch until they were stopped at a Border Patrol checkpoint.
There, Marroquín gave himself up.
He was taken to the Port Isabel Detention Center in Texas and then on a flight to Louisiana where he arrived at the Catahoula Detention Center and finally, months later, ended up at River Correctional Center, where he waited for the day of his court.
August 19 was the date of Marroquín's first asylum hearing.
It is usually the first meeting of asylum seekers and lawyers with immigration judges.
But that day, officials from the detention center came looking for him and other Guatemalan colleagues.
Fearful and with contradictory instructions from the agents of the center, he consulted by telephone the status of his court date.
Due to the pandemic, his court had been delayed but his process was moving forward.
The automated system said that his hearing with the judge was on September 6.
This is how they describe one of the most feared immigration judges in the country, who imposes high bails and denies asylum cases
Oct. 6, 202003: 00
An unexpected trip to the airport
There was no cut for him.
Marroquín found himself being transferred from the River Correctional Center to the Alexandria, Louisiana airport, where dozens of fellow Guatemalans were to be deported.
“[My colleagues] signed their way out.
At no time did they give me any paper to sign.
And then they told me that if I didn't get on the plane they would file charges, "he explained, already deported, to Noticias Telemundo.
Marroquín was aware that what was happening was not normal, but he was afraid to face ICE officers, according to his testimony.
“I think there was a mistake with me.
They took me to the door of the plane.
I respectfully got on the plane because I couldn't disrespect the United States authorities. "
Guatemalan immigrants arrive deported to the country's capital on August 29, 2020.John Moore / Getty Images / Getty Images
The Guatemalan says that, in the meantime, his former lawyer accepted the outcome of the case.
As of the publication date of this notice, your file appears as closed in the automatic immigration court system.
Attorney Marty Rosenbluth is now handling the Marroquin case.
"This type of
gross negligence is completely inexcusable,
" he told Noticias Telemundo.
"I've had clients who were deported before their deportation was final and I forced ICE to bring them back," he said.
“The law is very, very clear that they cannot deport someone in the middle of their immigration court proceedings.
They are simply not authorized to do so. "
[The United States readmits the irregularly deported immigrant during the coronavirus emergency]
Negotiating a re-entry to the country
For this reason, Mr. Rosenbluth's mission now is for Marroquín to be readmitted to the United States and continue his asylum process, which was unduly interrupted.
He is negotiating with ICE on the matter, as the agency also confirmed to Noticias Telemundo.
Bryan Cox, an ICE spokesman, told Noticias Telemundo by email that
“errors like this are extremely rare
and, in general, a foreign [alien] expelled to his / her country of origin without a final deportation order can apply for admission to the United States. ”.
Cox also explained that the court file was closed on September 30.
If you have lived or are aware of irregular deportations, Noticias Telemundo can investigate the case. Send a confidential message to
ntinvestiga@nbcuni.com