SUFFOLK, Va. — The undocumented immigrant from Guatemala who was seen in a viral video being tackled and punched by U.S. Immigration and Customs Enforcement Officers has been released from detention under a federal judge’s order.
Victor Alfredo Perez Martin was arrested near Sentara BelleHarbour hospital during what ICE called a "targeted enforcement operation." After initially accepting voluntary departure upon being taken into custody on July 6, the voluntary departure acceptance was taken back ahead of his appearance in court, according to Perez Martin’s attorney, James Reyes.
Watch previous coverage: Undocumented immigrant in Suffolk ICE arrest now aims to stay in US, lawyer says
The federal judge’s order to release Perez Martin on Thursday is one of the first steps in his fight to stay in the country. In the coming days, Perez Martin will appear for a bond hearing and he will continue on with several different hearings in immigration court. Reyes said last week he requested that a notice to appear in immigration court be issued for Martin to give him a chance to present his case.
Reyes explained the next steps for his client.
"There will be several different hearings in immigration court — one is to make the determination on custody and then a separate will be the removal proceedings for him and immigration proceedings," Reyes said.
The ruling was delivered after Reyes' team filed a petition for habeas corpus, which challenged the legality of Perez Martin's detainment. Habeas corpus is a legal action in which a person who is detained can challenge the legality of their detention. If such a petition is filed, the government then has the burden to justify the reason for that person's detention before the court.
“We've requested that notice to appear in immigration court be issued for him so that he'll have a chance to fight his case in immigration court and he'll have the opportunity to present his case in front of an immigration judge so that a decision can be made regarding his status here in the United States," Reyes said.
Reyes said a final determination on whether Perez Martin can remain in the country could still be months away.
"That will be a process that will take perhaps a couple of months, perhaps 6 months or a year but that's something that we'll eventually will have to litigate," Reyes said.
Perez Martin was being held in a Farmville facility before his release, according to Reyes.
In a statement shared with News 3, Sentara said they had no involvement in the incident.
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