SUFFOLK, Va. — UPDATE: News 3 learned late Monday that Victor Alfredo Perez Martin's acceptance of voluntary departure has been taken back, according to his attorney.
An undocumented Guatemalan immigrant seen in a now viral video outside a hospital in Suffolk being tackled and punched repeatedly during an arrest by U.S. Immigration and Customs Enforcement agents is now being held in a facility in Farmville as he awaits an upcoming court appearance.
The video of the incident taken near Sentara Belle Harbour Hospital shows officers tackling and striking the man, identified as Victor Alfredo Perez Martin.
Watch: Viral video captures Suffolk ICE arrest
Perez Martin was arrested during what ICE called a "targeted enforcement operation." They say he resisted arrest and ran toward the hospital.
In the video, three agents are seen tackling Perez Martin to the ground, and then continue punching and kneeing him in the stomach and back. A fourth agent runs in and helps the others get him to lie down.
Attorney James Reyes is representing Martin.
"Quite the reaction from ICE officers and what I believe is an overreaction and an overuse of force," Reyes said.
Watch related: Data from local jails show increase in ICE activity in Hampton Roads
An ICE spokesperson said agents gave lawful commands that Martin refused to follow.
Reyes has requested that a notice to appear in immigration court be issued for Martin.
"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.
As of Monday, July 13, Reyes said Martin is being held in a facility in Farmville, Virginia.
Video of the detention also prompted a community protest on Sunday. Annie Overton is one of the organizers.
"I was completely disgusted and my nervous system was going crazy," Overton said.
Overton said the video became the tipping point that prompted people to take action.
"Organizing protest like this and helping my community become aware of the fact that ICE they have been here its not a fallacy this is real life that this is not how it has to be, its not how it should be," Overton said.
Perez Martin was taken to the ICE field office in Norfolk where he declined medical treatment, ICE said. ICE said Perez Martin initially agreed to voluntary departure, but his attorney told News 3 that this decision has been rescinded.
Sentara told News 3 Monday afternoon that they were not involved.
“We are aware of the incident near the entrance to the Sentara BelleHarbour campus on Bridge Road in Suffolk.” said Dale Gauding, a Sentara spokesperson. "Sentara personnel were not involved and had no contact with law enforcement or the person arrested."
Click here to see how we use AI at WTKR News 3.
