A Maine man who says he has been held unlawfully by ICE at the Cumberland County Jail since September will not be deported as he appeals his case under U.S. immigration law.
Eyidi Ambila, originally from the Democratic Republic of the Congo, has been in ICE custody for eight months since completing a sentence for two misdemeanor charges.
In May, the American Civil Liberties Union of Maine filed a petition asking a federal judge to release Ambila.
On Monday, Judge Nancy Torresen cited “good cause” for postponing Ambila’s habeas hearing, ensuring that he will not be deported during the process of appealing his detainment.
In May, the government said it had already moved Ambila to an ICE facility in Massachusetts, outside the Maine federal court’s jurisdiction, and had slated him for “imminent removal” to the Democratic Republic of the Congo.
Ambila has had a final deportation order since 2007 stemming from a felony conviction, but according to court records, was not removed because the Congolese government has no record of his birth and has denied him travel documents.
“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 protection,” Anahita Sotoohi, a staff lawyer at the ACLU of Maine, said Monday.
Ambila will be fighting his deportation by arguing for protection under the Convention Against Torture to prevent his deportation to the DRC. His representation believes that Ambila’s return to the DRC would make him vulnerable to detainment, torture and even death.
Ambila will remain in U.S. immigration detention while his hearing proceeds.
Maine Public reporter Ari Snider contributed to this report.
