Alison Siegler Discusses Mandatory Release in ICE Arrestee Case
Venezuelan migrant arrested in weekend ICE raid now back in custody after judge ordered release
A Venezuelan migrant swept up in local immigration raids who was ordered released last night by a federal judge is now back in federal custody at an out-of-state immigration detention center.
The ABC 7 I-Team first reported on the case Tuesday, and the man's new arrest comes after nationwide uproar over the magistrate judge's order for release.
Edward Martinez-Cermeno, 24, was first arrested in Schaumburg Sunday on a misdemeanor charge of illegally entering the United States back in 2023.
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"It seems to me the judge did absolutely the right thing here," said Alison Siegler, Professor of Law for the University of Chicago's Law School and Founding Director of the Federal Criminal Justice Clinic.
"This kind of case is what we call a mandatory release case, meaning that this man has to be released unless the prosecutor can actually prove that there is a, quote, 'serious risk' that he will flee the jurisdiction if he's released and they would need to prove that by what we call a preponderance of the evidence," Siegler told the I-Team.
Siegler said Magistrate Judge Fuentes' decision falls under a federal bail law that has "very clear requirements."
Read more at ABC7 Chicago