Asylum seeker who fled Venezuelan military arrested by ICE at court in San Diego

A man seeking asylum in San Diego after defecting from the Venezuelan military was arrested by ICE agents at the federal courthouse following an immigration hearing, according to his attorney, who said if he’s deported back to Venezuela, he will immediately be killed.

Michael Hirman represents the 22-year-old man, whose family asked that he be identified only as José, out of fear for his safety. Hirman said José was a lieutenant in the Venezuelan army who received specialized training in Cuba but witnessed oppression and “couldn’t tolerate” being part of the military any longer.

“He was decorated for his services, but obviously he grew tired of what he saw as corruption by the communist regime in Venezuela,” Hirman said.

José fled Venezuela, trekking to the United States via the Darién Gap, arriving in San Diego in January to claim political asylum, according to Hirman, who said he hoped to join the U.S. military.

“He loves freedom,” Hirman said. “He loves what we stand for and is willing to give his life to defend this country. He is precisely the kind of candidate that we look for in the United States to be an asylee.”

Hirman said during a routine hearing in José’s case on Wednesday morning, the Department of Homeland Security moved to dismiss the case, sending it to be handled by U.S. Citizenship and Immigration Services. Hirman said that’s generally a victory, a sign that an asylum claim can proceed and the individual can remain in the U.S.

“Instead, when we walked out of the courtroom, we were greeted by ICE officers who asked him his name, confirmed who he was, and then promptly put him into custody,” Hirman said, adding that the agents said his client was subject to expedited removal – without a hearing – despite the fact that DHS had just dismissed the case.

ICE did not respond to a request for comment on José’s case or the practice of arresting individuals attending immigration hearings.

“It was like they tricked us,” Hirman said. “He went from being embraced in his aunt’s arms, thinking that the case was over — that he was going to pursue this now through USCIS — to horror.”

“When she was holding her nephew in her arms and he was being torn away from her by an ICE agent, I think she was thinking, ‘He’s dead, he is going to die,’ ” he continued.

Hirman said in more than 20 years of practicing immigration law, he has never seen something like that happen before. He said he didn’t know where José was being held but noted his detention was at the taxpayers’ expense.

“You were not paying a dime for him being here up until about 9 this morning — not one dime,” Hirman said. “And now, all of a sudden, you're going to feed and clothe him, three meals a day, shelter, you know, medical, all that's going to be free. And for what? Just a waste of money.”

José’s family said if he’s deported, he will be killed.

“His life right now is in danger,” José’s uncle said, adding that their family didn’t understand why he was taken. “For us, this country is supposed to – this country protects our rights.”

Hirman said after the arrest, he started to call around to other immigration attorneys and found they had similar experiences.

“This is now happening nationwide,” Hirman said. “There’s an epidemic of this happening where people go down to the immigration court and they are being arrested upon the dismissal. And what happens to them? Well, we're still trying to figure that out. We're not exactly sure what's going to happen next.”

Hirman said he believed José may have a credible-fear interview next week, which he hoped would help prevent his deportation. But in the meantime, he and José’s family said they fear the worst.

“If he returns to Venezuela, he will be shot immediately as a deserter at the very least, if not an enemy of the state,” Hirman said.