Immigration judge refuses to confirm the illegality of a Dominican immigrant’s detention

San Juan, P.R. - During a hearing this afternoon, immigration Judge Elvin Talavera denied the opportunity to confirm in court that Inocencia Rodríguez, an immigrant detained by Immigration and Customs Enforcement (ICE) agents, was arrested illegally, given that she holds a family-based I-130 petition and an I-601A provisional waiver, both having been approved.

The action took place during a hearing to redetermine custody, held after the immediate transfer of Rodríguez outside of the jurisdiction of Puerto Rico was halted by Judge María Antongiorgi Jordán, who warned of the possible illegality of the detention just as the American Civil Liberties Union (ACLU) of Puerto Rico had pointed out in a legal filing with the U.S. District Court for the District of Puerto Rico.

“Both the immigration judge and DHS Associate Chief Counsel refused to verify on record whether the petitioner indeed has approved I-130 and I-601A petitions. This information is part of the agency’s file and the Government could have easily verified it during the hearing,” stated Rodríguez’s legal team in an urgent motion filed this afternoon before Judge Antongiorgi Jordán.

Said motion requests that, since Rodríguez’s detention was illegal and the immigration judge did not hold a bail hearing, Judge Antongiorgi Jordán should “order her immediate release” or, alternatively, “hold an emergency hearing and/or a bail hearing before the District Court to halt the continuous violation of liberty and due process of the petitioner.”

The emergency petition of habeas corpus was issued on July 13 on behalf of the Dominican immigrant to challenge what the ACLU determined as an illegal detention. This is the tenth case presented to the organization regarding the rights of immigrants thus far this year.

“The actions of both the immigration judge and the attorneys that represented the federal government demonstrate the poor faith with which the discriminatory policy of President Trump is implemented and executed. The evidence proves that the detention of Inocencia was illegal,” stated attorney Fermín Arraiza Navas, legal director of the ACLU of Puerto Rico.

Immigration judge could have reviewed evidence in court

Rodríguez was detained on Friday, July 10, 2026, during an aggressive multi-vehicle operation carried out by at least eight individuals in a checkpoint in Guaynabo. At the time of detainment, she operated a vehicle registered under her name with the Department of Transportation and Public Works and no local authority had ordered a vehicular detainment. Ths method of illegal and violent detainment employed by Immigration and Customs Enforcement (ICE) agents has resulted in the death of at least three individuals in Texas, Maine, and Florida.

Rodríguez—whose eight-year-old daughter has U.S. citizenship—is a beneficiary of the Petition for Alien Relative (Form I-130) approved by the U.S. Citizenship and Immigration Services and presented by her husband, Pablo Rafael Mota, a lawful permanent resident. On April 24, 2025, she also obtained approval for Form I-601A as part of the required process to regularize her migration status through consular processing.

“If true, this would render the Petitioner's detention illegal,” stated Judge Antongiorgi in her early-morning order. In the Immigration Court, however, Judge Talavera did not allow for this evidence to be corroborated in the courtroom.

The ACLU of Puerto Rico, together with the Immigration Clinic of the UPR School of Law and the Legal Assistance Clinic of the Interamerican University School of Law, has represented ten immigrants—including Inocencia Rodríguez—whose basic rights have been violated and who represent a sample of what hundred of immigrants in our archipelago are experiencing.

In nine out of ten cases, the organization and its collaborators have successfully halted the expedited transfer of immigrants or secured a court order requiring ICE to return the detainee to the jurisdiction of Puerto Rico. Moreover, the organization has secured access to bail hearings to which they are entitled to. However, immigration judges have not granted the opportunity to continue immigration proceedings while at liberty on bail in all cases. Out of ten total cases, immigration judges have denied bail on two, despite neither of the individuals posing a flight risk or threat to the community.

For these individuals, bail is only the beginning of a variety of obstacles. Throughout the process, the ACLU of Puerto Rico has identified patterns of unjustifiably excessive bail, procedural hurdles, and the looming threat of familial separation. These arrests occurred under circumstances that raise serious concerns of racial profiling and reflect violations of due process, among other potential violations of the law that the public should not normalize.