Trump admin may not deport migrant to Congo during immigration proceedings, federal judge rules

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A federal judge in Maine has ruled that a 43-year-old migrant man who came to the U.S. at age 7 cannot yet be deported to the Democratic Republic of Congo (DRC) while his immigration appeals continue.

Eyidi Ambila, who was taken into custody in September under the Biden administration, argues that his full immigration case has not been heard and that his continued detention is unlawful.

Judge Nancy Torresen on Monday granted a motion to postpone a scheduled habeas hearing, a legal request asking a court to determine whether a person’s detention or imprisonment is lawful. The habeas petition challenges the legality of his ongoing detention, not the deportation itself.

A federal judge in Maine has ruled that Eyidi Ambila, right, who came to the U.S. at age 7, cannot yet be deported to the Democratic Republic of Congo (DRC) while his immigration appeals continue. (David Dee Delgado/Getty Images, left, Cumberland County Jail, right.)

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Torresen, a President Barack Obama appointee and the first female judge to serve in the District of Maine, wrote that there are "many unanswered questions" about the case, including about his ability to be deported and the outcome of his immigration case. He will remain in custody while his case proceeds.

The American Civil Liberties Union of Maine argues that Ambila has no current connection to the Congo and that deporting him would make him vulnerable to detainment, torture and even death. 

U.S. District Judge Nancy Torresen at Portland's Federal Courthouse in 2012. She ruled on Monday that Eyidi Ambila, who came to the U.S. at age 7, cannot yet be deported to the Democratic Republic of Congo (DRC) while his immigration appeals continue. (John Ewing/Portland Press Herald via Getty Images)

"This ruling ensures that Mr. Ambila receives what due process requires: his day in immigration court and the opportunity to fully pursue his argument for Convention Against Torture protection," said Anahita Sotoohi, a staff attorney at the ACLU of Maine. 

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The ACLU of Maine filed a habeas corpus petition on Ambila’s behalf last month challenging his indefinite ICE detainment and asking for his release. 

The government argued that Ambila’s deportation was imminent, but Torreson said that the government had failed to convince the court that deportation was actually likely in the near future.

US Immigration and Customs Enforcement (ICE) agents. (Christopher Dilts/Bloomberg via Getty Images)

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Ambila has filed emergency motions with the Board of Immigration Appeals (BIA) seeking to reopen his case and halt removal. 

Torresen’s ruling pauses the federal court proceedings until the BIA rules on those motions.

Michael Dorgan is a writer for Fox News Digital and Fox Business.

You can send tips to [email protected] and follow him on Twitter @M_Dorgan.