SALT LAKE CITY — A 21-year-old Colombian man who came to Utah three years ago, was detained by federal agents this week and remains in custody, his lawyer said Friday.
Kevin Alexander Ortiz Barros thought he was following the rules and gaining lawful residency in the United States the right way when he was taken into custody after appearing in immigration court.
Ortiz Barros and his girlfriend, Jilian Nelsen, had been dating for a few months when everything changed on Tuesday.
“He's the hardest worker I've ever met in my life and never complains, never complains a day,” said Nelson. “He was going to get his papers, going through the legal way and the right way to get his paper, he had no idea what that day was going to look like for him."
Ortiz Barro’s lawyer, Adam Crayk, said he fled from his home in Colombia when he was 18 years old. While he was entering the country, border patrol agents put Ortiz Barros in immigration proceedings, and since he was under the age of 21, a judge granted him certain safeguards.
“A juvenile court judge has said, yes, I'm going to find that you meet the qualifications of abused, abandoned, or neglected,” said Crayk. “So then once that took place that was used, that order was used to get a special immigrant juvenile visa application approved.”
When Ortiz Barros went to court Tuesday, Nelson said he did not come back. She said he was taken to Wyoming and does not know where he will go next.
Crayk said the judge dismissed Ortiz Barros’ immigration case even though there was no change in circumstance that he believed could have led to that happening. After that, he said Immigration and Customs Enforcement agents picked him and have detained him.
“So you have a 21-year-old kid, who’s not a lawyer, born and raised in Colombia, seeking to try and save his immigration case, but then having it dismissed, knowing that he’s going to be put into expedited removal,” said Crayk.
The attorney said that should not have happened, especially because Ortiz Barros does not have a criminal record.
“And there’s case law out there that says you cannot dismiss and then roll into expedited removal,” said Crayk. “You stick with the path you chose, government. We can’t be just jumping back and forth.”
Crayk added that situations like what happened to Kevin can scare other people from going to court. He recommends that if anyone in similar circumstances someone has a court date, to make sure they have a lawyer with them.
Crayk said they have appealed the judge's decision to dismiss Ortiz Barros' case, and are trying to secure his release from jail.
“This is the prime example of going after the vulnerable and the innocent,” Crayk added.
FOX 13 News reached out to US Department of Justice Executive Office for Immigration Review for answers on why the immigration case was dismissed in court, and to ICE about why he was detained, and has not heard back yet.
The family has set up a fundraiser to help with expenses here.
