IOWA CITY, Iowa — An immigration judge recently ruled against Felipe de Jesus Hernandez Marcelo, a key witness in a shooting case, denying him bond and keeping him in custody by Immigration and Customs Enforcement (ICE) as he faces deportation. Hernandez, who sought medical help after being shot during a robbery attempt in Muscatine, Iowa, had been under ICE detention since June 24.
Hernandez, a 28-year-old native of Mexico, entered the U.S. illegally in 2021. While undergoing medical treatment for severe injuries from the shooting, he applied for a U visa that is intended to encourage crime victims to report offenses without fear of deportation. However, recent policy changes have complicated the situation for many such victims.
In January, ICE rescinded an earlier policy safeguarding crime victims, leading to increased deportation risks. Hernandez's attorney argued that he is neither a flight risk nor a danger to the community, emphasizing that he is cooperating with authorities and actively participating in the criminal case against his attackers.
Despite these points, the immigration judge ruled that Hernandez's potential eligibility for a U visa remains uncertain. She cited his history of legal violations, highlighting his illegal presence and prior traffic offenses as reasons for denying bail.
Hernandez’s detention has taken a toll on his life, as he has missed medical appointments critical for his recovery and has been separated from his nine-year-old son, whom he raises as a single father. His lawyer announced intentions to appeal the ruling, stressing that her client should not suffer further due to circumstances beyond his control.
