12 May 2025

Immigration Judge Dismisses Case Against Méndez

by Bonnie | | 0

Immigration Judge Donald Ostrom dismissed the case against Juan Francisco Méndez due to failure by the Department of Homeland Security to present a charging document and prosecute him.

For logistical reasons it was expected to take a couple of days to actually get Mendez release. Ostrom kept pending a bond motion to bail Méndez in case he is not released within a week, in which event he can hear the motion.

Méndez’ lawyer Ondine Galvez Sniffin said:

They [DHS lawyers] were there. They didn’t say anything. They didn’t say a word and even acknowledge their presence. It was the judge and I talking and they remained silent. They could have at any time interjected and said we have the document here or your honor we were delayed in filing this but we do intend to file it. The judge may have given them more time over my objection. But they didn’t even ask for that. Their silence speaks volumes.

I think DHS’s silence on this speaks volumes. I take it as an acknowledgment of guilt. Guilty of the unlawful arrest. Guilty of unlawful detention. And all the trauma associated with that for this family. There has to be some remedy. We’ll be exploring that when my clients feel ready for it.

Sniffin said this was the first time in her career when a hearing was scheduled on the court calendar, the client was notified, and at the hearing no charging document was available.

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