OMAHA — An Omaha family is reunited after an immigration judge granted Omaha father Jorge Calderon Rivera’s release on bond.
Calderon, a father of three, was held in U.S. Immigration and Customs Enforcement (ICE) custody in McCook, Nebraska for two months despite having never been convicted of a crime.
He held back tears of joy as he and his family walked into the Omaha CIRA office on Friday, March 13 for a meeting with his attorney.
“Queremos que todos sepan de mi caso… Que no es fácil. Es estar en estos momentos y que de no ser por un equipo como el de ustedes que nos ayudaba a nosotros, no lo hubiésemos logrado porque la mayoría no lo logró ya la separación de familia se da entonces y por eso quiero que se comparta mi historia.”
“We want everyone to know about my case,” Calderon said passionately in Spanish. “It’s not easy though to be in moments like these. If it were not for a team like [CIRA’s, ACLU’s and others], we would not have achieved my reunion with my family. Most people who are separated from their families do not have that. And that is why I want to share my story.”
His arrest left his wife on her own to raise their two sons as well as a daughter with developmental disabilities.
“Le digo yo a él este lo siento como si estabas muerto y has resucitado…Y pues aprovecho para primero darle las gracias a Dios y después a todos ustedes, porque yo digo ellos han sido mis ángeles, porque Dios pues no se hubiera podido hacer nada sin el trabajo que han hecho.”
“I told him I felt as if he were dead and he has risen again,” his wife said in Spanish. “I take this opportunity to first thank God and then all of the [CIRA team and the rest Calderon’s team] because you were my angels. God could not have done anything without the work they have done.”
Calderon spoke of the shocking and abhorrent conditions of the McCook detention facility: how sometimes the water was so dirty it was red and the lack of any medical attention.
His teenage son was the only one of his siblings who knew of his detention. Calderon’s wife told the younger two that their dad was on a work trip.
“I still feel shocked because it feels surreal having him next to me,” Calderon’s eldest son said. “I felt really emotional for the first time hearing his voice in the alleyway where I saw him for the first time after his detention. I just ran out to him and just hugged him.”
Calderon received 23 letters of support from a wide breadth of friends, colleagues, and neighbors. CIRA Legal Assistant Jocelyn Camarillo organized the letter effort and translated them all.
Federal agents in unmarked cars took Jorge into custody in January during a traffic stop. An immigration judge has already found ICE’s arrest report to be “not credible” due to several inaccuracies.
His detention was rapidly followed by a federal lawsuit, or a habeas corpus case, filed on Calderon’s behalf, led by the American Civil Liberties Union (ACLU) of Nebraska.
Due process, under the U.S. Constitution and laws, requires all people in the country, regardless of background, identity or immigration status, receive just and fair treatment. This includes habeas corpus, that allows any person with the right to challenge the legality of their detention in a court of law.
U.S. District Judge Susan Bazis issued an order on Tuesday, March 3, requiring immigration officials to provide Calderon with a bond hearing in accordance with his rights under immigration law and the U.S. Constitution.
The Center for Immigrant and Refugee Advancement (CIRA) represented Calderon in his immigration bond proceedings. CIRA Senior Attorney Ariel Magaña Linares briefed and argued the case.
“Calderon now has been afforded the opportunity to be with his wife, children and faith groups while the rest of the case plays out,” Magaña Linares said. “This victory is a reminder that when due process is fairly applied, immigrants can often show they are family-oriented, hardworking and contributing members to their communities.”
Magaña Linares and ACLU Staff Attorney Jamel J.W. Connor followed the case closely and felt an overwhelming sense of hope at the news that Calderon returned home safely to his family.
“We are elated. A family is back together because of due process. Without his bond hearing, our client would still be in custody in McCook, far from his home and family,” Connor said. “As we strive to help other immigrants in Nebraska who are wrongly being denied bond hearings, outcomes like this are a tremendous source of encouragement. We will keep doing what we can until this unjust practice ends for good.”
Calderon has lived in Omaha for about a decade. He came to the U.S. from El Salvador where he supported law enforcement efforts to stop gang activity.
In 2022, Immigrant Legal Center and Refugee Empowerment Center merged, and the combined nonprofit organization is now CIRA, the Center for Immigrant & Refugee Advancement. Our diverse team of experts provides exceptional, compassionate legal representation, refugee services, and social work services. We take on the most complex immigration cases, resettle refugees from around the world, and ensure all clients have access to resources they need to live. Operating in 6 different offices from Council Bluffs to Scottsbluff, our team of more than 100 full-time employees helps communities welcome immigrants and refugees as they build their lives here. We assist with all forms of family and humanitarian-based immigration, and we never turn any family away due to inability to pay.
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