SALT LAKE CITY — A 21-year-old from Colombia who came to Utah three years ago, was detained by federal agents on Tuesday, his lawyer said.
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.
His girlfriend, Jilian Nelsen, had been dating Ortiz Barros for a few months, but everything changed 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, managing partner at Stowell-Crayk, said he fled from his home in Colombia when he was 18 years old. While he was entering the United State, border patrol agents put Ortiz Barros in immigration proceedings. Since he was under 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 on 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.
He 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.”
He also said situations like this can scare people from going to court.
He recommends someone who does have to go to make sure they have a lawyer with them. He said they appealed the judge's decision to dismiss the case, and are trying to get Ortiz Barros released 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.
