Ernesto was freed from the Adelanto Detention Center on August 20th.  Thank you to over one hundred individuals who generously donated to his bond fund. Ernesto has been reunited with his son after almost a year of separation. Ernesto’s case is pending before the Board of Immigration Appeals.  We are hopeful that the Board will reverse the Immigration Judge’s outrageous decision that was based on the judge’s personal belief that young children cannot remember childhood trauma such as maternal neglect and abandonment, and therefore cannot be impacted by past childhood trauma.  While judges can assess and under some circumstances reject the testimony of expert witnesses, judges cannot substitute their personal beliefs and opinions in the face of uncontested expert psychological testimony regarding the significant and ongoing harms caused by childhood trauma.

Help Support Ernesto

Please help us raise the $15,000 immigration bond to free our client Ernesto, the single father of a 7-year old U.S. citizen, from the Adelanto ICE detention center.

An immigration judge has ordered Ernesto deported after the judge rejected expert psychological testimony about the effects of abandonment and neglect on Ernesto’s son by the U.S. citizen mother when the son was an infant. The mother’s abandonment and neglect occurred during the period child specialists refer to as the “fourth trimester” when an infant has a heightened need to receive emotional warmth, caregiving, and holding which is crucial for cognitive development and future psychological health.

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The immigration judge denied Ernesto a form of relief known as Special Rule Cancellation of Removal which if granted will allow Ernesto to remain in the U.S. to care for and raise his son. The immigration judge ruled that he was “not buying” the expert psychological testimony we presented and stated that as the father of three children himself, the judge knew about childhood memories, and no one can be affected by or remember anything that happens as an infant.

We are appealing Ernesto’s case, but the appeal will take a year or longer to be decided, and Ernesto will remain in ICE detention separated from his son unless the $15,000 bond can be posted.  Ernesto and his son have already been separated for almost a year. Please consider contributing to his bond fund and helping us reunite Ernesto with his 7-year old son while we continue his appeal.