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A Chicago man is set to be released on bond after an immigration judge ruled in his favor on Thursday, allowing him to return home as his daughter battles advanced cancer. The decision comes as a relief to Ruben Torres Maldonado, a 40-year-old painter and home renovator, who was detained on October 18 at a Home Depot store in the suburbs.
Torres Maldonado’s legal team had been advocating for his release while he navigates the deportation process. During the hearing, Judge Eva S. Saltzman highlighted Torres Maldonado’s clean criminal record and decided to set his bond at $2,000.
“We are heartened by Judge Saltzman’s compassionate and sensible decision to reunite Ruben Torres Maldonado with his family during this difficult time as they confront their daughter’s serious health issues,” said his attorney, Kalman Resnick, in a statement.
Resnick also noted that Torres Maldonado is expected to be released by Friday and is in the process of applying for permanent residency in the United States.
Resnick said Torres Maldonado will be released Thursday or Friday, and is applying for U.S. permanent residency.
Torres Maldonado’s daughter, Ofelia Torres, was diagnosed in December with a rare and aggressive form of soft-tissue cancer called metastatic alveolar rhabdomyosarcoma and has been undergoing chemotherapy and radiation treatment.
“I can’t wait to see my dad,” Ofelia said in a statement. “We need him to be at home with me and our family.”
Ofelia described her father as a “hard-working person who wakes up early in the morning and goes to work without complaining, thinking about his family,” in a video posted on a GoFundMe page set up for her family.
Torres Maldonado and his partner, Sandibell Hidalgo, also have a 4-year-old son. Hidalgo thanked the judge, her community and people who have followed the family’s story as it made national headlines this month.
“To every person who has donated to our GoFundMe, brought us dinner, and provided emotional support, we are so grateful,” she said in a statement.
Torres Maldonado’s arrest comes after weeks of tense encounters and increasingly aggressive tactics by federal immigration agents involved in Operation Midway Blitz, which has resulted in more than 3,000 arrests in the Chicago metropolitan area.
U.S. District Judge Jeremy Daniel said last week that Torres Maldonado’s detention is illegal and violates his due process rights. But Daniel also said he could not order his immediate release.
“While sympathetic to the plight the petitioner’s daughter faces due to her health concerns, the court must act within the constraints of the relevant statutes, rules, and precedents,” the judge wrote Friday.
The Department of Homeland Security alleges that Torres Maldonado has been living illegally in the U.S. for years after entering the U.S. in 2003.
 
					 
							 
					 
					 
					 
					 
					 
					 
					 
					 
						