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Editor’s Note: This story contains discussions of rape or sexual assault that may be disturbing. Reader discretion is advised. If you or someone you know has been sexually assaulted, you can find help and discreet resources on the National Sexual Assault Hotline website or by calling 1-800-656-4673.
PORTLAND, Ore. (KOIN) — A U.S. judge has ordered the release of a transgender asylum seeker from Mexico who was detained by Immigration and Customs Enforcement agents last month.
The 24-year-old woman who goes by OJM, was at a hearing for her asylum case in Portland on June 2 when ICE officials asked the court to dismiss her case and detained her.
In response, attorneys at the Portland-based Innovation Law Lab said they filed an emergency petition, arguing ICE used “deceptive and unethical practices” to detain her and strip her of her due process rights.
According to OJM’s attorneys, after she left the courtroom, ICE agents arrested her “in an attempt to end her asylum claim, transfer her, and rapidly deport her.”
“This is a dangerous attempt by ICE to circumvent due process, speed up deportations, and eviscerate the right to asylum,” said Innovation Law Lab Attorney Jordan Cunnings after OJM’s arrest. “This unethical behavior goes against the values we hold as Oregonians, ensuring that everyone is welcomed and included in our state.”
According to court documents, Judge Amy Baggio claimed that OJM was “erroneously deprived by the Government without procedural due process through the series of Government actions.”
OJM was abducted and raped in Mexico because of her gender identity and sexual orientation “at the hands of a dangerous cartel,” OJM’s attorneys said, noting she fled to the United States for safety.