| Woman Who
Fled Threats in Guatemala Was
Detained by ICE in 26 Fed Now
Ordered Free
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
Dec 12 – A woman from
Guatemala who as a member with
the Union Cambio Nacional
party was targeted and fled to
the US in 2024 was detained by
ICE in 26 Federal Plaza on
December 5. She filed a habeas
corpus petition the same day
in the U.S. District Court for
the Southern District of New
York, where Inner City Press
found it.
The
petition says Lesbia Maribel
Perz Agustin's husband was
killed and her house was shot
up and had tear gas thrown in.
It says that the explanation
given to her upon her detained
was "new laws."
The
requests include immediate
release and attorney's fees.
On December 12,
assigned Judge Analisa Torres
(who previously
freed a Guatamalan petitioner)
ordered: "Respondents are
ORDERED to immediately
transport Perez Agustin to the
Southern District of New York
and, immediately upon
effectuating her transfer,
release her from custody. See
Lopez Benitez, 795 F. Supp. 3d
at 499. Respondents must brief
their authority, if any
consistent with this Order, to
(1) re-detain Perez Agustin
without a valid exercise of
discretion; (2) deny bond to
Perez Agustin in any
subsequent proceeding on the
ground that she must be
detained pursuant to 8 U.S.C.
§ 1225(b)(2)(A), absent a
change in relevant
circumstances; (3) invoke the
automatic stay provision at 8
C.F.R. § 1003.19(i)(2) if
Perez Agustin is granted bond;
or (4) impose additional
conditions of release or
burdens on Perez Agustin's
liberty, other than those
required by Perez Agustin's
Order of Release. If, instead,
Respondents confirm that they
will take none of those steps
with respect to Perez Agustin
without prior notice of at
least one week provided to her
and the Court, Respondents
need not file such briefing.
See Quispe-Sulcaray v. Noem et
al., No. 25 Civ. 9908, 2025 WL
3501207, at *2 (S.D.N.Y. Dec.
7, 2025). By December 14,
2025, Respondents shall file a
letter on the docket
certifying compliance with
this Order. SO ORDERED.
(Signed by Judge Analisa
Torres on 12/12/2025)."
The case is
Agustin v. Joyce, et al.,
1:25-cv-10122 (Torres)
***
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