BRUNSWICK, Ga. — From protest arrest to federal detention, the case of journalist Mario Guevara, who remains in ICE detention more than two months after his arrest while covering a protest near Atlanta, was heard in federal court Wednesday.

Guevara, the founder and senior reporter for MGNews, is the only journalist currently jailed in the United States in direct retaliation for his reporting, according to his attorneys from the ACLU.

On June 14, Guevara was wearing a press vest when he was arrested while livestreaming a “No Kings” protest in DeKalb County. Criminal charges filed that day were quickly dropped, and on July 1 an immigration judge granted him bond.

But instead of releasing him, ICE transferred Guevara to Gwinnett County, where additional traffic charges were filed and then dismissed. Despite that, Guevara has remained in federal custody, shuffled between several detention facilities.

Last week, Guevara’s legal team filed a habeas petition, arguing that his detention violates his First and Fifth Amendment rights and amounts to retaliation against his journalism.

At the Frank M. Scarlett Federal Building in Brunswick, Wednesday’s hearing lasted about an hour. Reporters were not allowed recording equipment nor devices inside. 

Guevara was not present in court.

Attorneys with the ACLU argued for Guevara’s immediate release, while federal prosecutors defended ICE’s discretion to continue holding him.

Prosecutors pointed to the fact that Guevara does not currently hold a U.S. visa. His attorneys countered that he has a pending visa petition and is also eligible for a green card.

The judge did not issue a ruling. Instead, he gave both sides seven days to submit additional information before considering the next steps.

Outside the courthouse, Guevara’s son, Oscar, wore a polo from his father’s news network and spoke emotionally about the toll of waiting.

“That’s not good news nor bad news—it just means more waiting,” Oscar said. “Ultimately, it’s more time that my dad is going to spend in jail.”

Advocates also voiced alarm at what Guevara’s case means for journalism in the U.S.

Jose Zamora, of the Committee to Protect Journalists, called the detention “a terrible precedent.”

“Mario’s detention is unjust, a direct retaliation for his journalism and livestreaming—something that should worry us all,” Zamora said. “There needs to be due process. Everybody deserves due process.”

“I’ve been praying every night that the judge and prosecutor have some mercy,” he continued.

The judge’s seven-day deadline sets the stage for another court date in the coming weeks. Until then, Guevara remains in ICE custody, more than 75 days after his initial arrest.