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A federal judge in Maine has determined that the 43-year-old immigrant man who came to the United States at age 7 will not be deported to the Democratic Republic of the Congo (DRC) while the immigration appeal continues.
Eyidi Ambila, who was detained under the Biden administration in September, claims that his full immigration case has not been heard and that his continued detention is illegal.
Judge Nancy Toren on Monday granted an allegation to postpone a scheduled habeas-seeking hearing. This is a legal request to ask the court to determine whether a person is legal to detain or imprisonment. The habeasistic petition challenges the legality of his continued detention rather than the deportation itself.
A federal judge in Maine determined that Ady Ambira, who came to the United States at age 7, would not be deported to the Democratic Republic of the Congo (DRC) while immigration appeals continued. (David Dee Delgado/Getty Images, left, Cumberland County Jail, right.)
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Torensen, the appointee of President Barack Obama and the first female judge to serve in the Main District, wrote that there are “many unanswered questions” about the case, including his ability to deport and the outcome of the immigration case. He will remain in custody while his case progresses.
The American Civil Liberties Union in Maine argues that Ambira has no current ties to the Congo and that deporting him would make him vulnerable to detention, torture and even death.
US District Judge Nansiethorensen was in 2012 in federal court in Portland. She determined on Monday that Ady Ambira, who came to the US at age 7, could not be deported to the Democratic Republic of the Congo (DRC) while immigration complaints continued. (John Ewing/Portland Press Herald via Getty Images)
“This ruling ensures that Mr. Ambira receives what a legitimate process requires. It’s an opportunity to fully pursue his day in the immigration court and his argument for the treaty on torture protection,” said Anahita Sotouhi, staff lawyer for the ACLU in Maine.
The federal judge refuses to reconsider the order to facilitate the return of retirees to our company.
The Maine ACLU filed a habeas-protection petition on Ambila’s behalf last month, challenging his indefinite ice custody and sought his release.
The government argued that Ambira’s deportation was imminent, but Torreson said the government failed to convince the court that the deportation was indeed likely in the near future.
US Immigration Customs Enforcement (ICE) Agent. (Bloomberg via Christopher Dilt/Getty Images)
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Ambila has filed an emergency mobilization with the Immigration Appeals Committee (BIA) seeking to resume his lawsuit and halt the removal.
Torensen’s decision will suspend federal court proceedings until the BIA controls these claims.
Michael Dorgan is a writer for Fox News Digital and Fox Business.
You can submit tips to Michael.dorgan@fox.com and follow him on Twitter @M_Dorgan.
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