Judge’s Decision on Torres Gomez
A federal judge in New Jersey has ordered the release of Marlon Andres Torres Gomez, a Colombian national, from Immigration and Customs Enforcement (ICE) custody. This decision came after the agency was found to have violated his due process rights. Despite Torres Gomez’s willingness to comply with a voluntary departure order, ICE detained him, preventing his departure by the court-imposed deadline.
Details of the Case
U.S. District Judge Michael Farbiarz ruled that Torres Gomez was ready to leave the United States before a June 11 deadline set by an immigration judge. However, ICE’s actions kept him detained during this period. Court filings reveal that Torres Gomez had purchased a one-way ticket to Colombia for June 10 and made several attempts to coordinate his departure with ICE. His legal team contacted immigration officials multiple times requesting assistance with his travel plans.
Government’s Arguments Rejected
The government contended that since Torres Gomez didn’t leave by June 11, he was subjected to mandatory detention. They also suggested potential penalties for failing to comply with a voluntary departure order. Judge Farbiarz dismissed this justification, noting that Torres Gomez was in the country because ICE kept him from boarding his flight.
Three government explanations for Torres Gomez’s continued detention were rejected by the court. Initially, injunctions from previous habeas cases were cited, though the cases had closed before June 11. An extension proposal of Torres Gomez’s voluntary departure period was offered after the deadline, undermining its relevance. Additionally, preserving his right to appeal was another argument given, which the judge found unsupported by substantial evidence.
Judicial Scrutiny of ICE Practices
Judge Farbiarz’s ruling highlights the scrutiny under which ICE’s detention policies have come, with federal judges ruling against them in numerous cases. The decision references the Supreme Court’s 2025 ruling in Monsalvo v. Bondi, which states that detention after a voluntary departure period is contingent upon a noncitizen remaining in the country.
Based on this, Farbiarz concluded that Torres Gomez’s detention was a due-process violation, not a basis for mandatory detention since ICE had prevented his departure. The court ordered his immediate release, assuming he will take steps to leave the United States voluntarily.
Torres Gomez was previously determined not to be a community danger, a fact that remains uncontested. The future legality of any potential detention if he remains in the U.S. was not addressed by the judge.
Leave a Reply