The status of a 44-year-old man is unclear after a federal judge in Maine halted his deportation on Tuesday.
Eyidi Ambila was being held in the Cumberland County Jail, but the federal government said Tuesday that he had already been moved to the ICE Field Office in Burlington, Massachusetts, to facilitate his “imminent” removal.
The government reported that Ambila could be boarding an airplane for the Democratic Republic of the Congo as soon as Tuesday afternoon.
Judge John A. Woodcock, Jr. then issued an order halting Ambila’s deportation, saying he’d schedule further meetings when he found out if his order was followed.
Ambila is a 44-year-old citizen of the Congo who has lived in the United States since he was seven years old when he arrived with his family in 1989. He and his family were granted asylum based on political persecution in the Congo,
Ambila was convicted of a felony in 2005 and ordered to be removed from the U.S., but was released from ICE custody in August 2007 under an Order of Supervision, which is an alternative to detention.
He continued to live in the U.S., but on September 23, 2024 was convicted of misdemeanor reckless conduct (class D) and misdemeanor domestic violence assault (class D) as part of a plea agreement at the Cumberland County Superior Court in Portland.
Upon completing his criminal sentence, Ambila was transferred into ICE
custody at Cumberland County Jail on September 23, 2024, where he has remained since.
The U.S. Department of Homeland Security said he would be deported to the Congo “in the reasonably foreseeable future”, but no further action was taken and the federal government had not communicated with him.
Ambila claims he’s been wrongly held for eight months. He has filed for a writ of habeas corpus ordering the his immediate release, claiming his ongoing prolonged detention violates due process.
The Acting Director of the Boston Field Office of ICE, Homeland Security Secretary Kristi Noem and U.S. Attorney General Pam Bondi are named as defendants in the case.
Judge Woodcock’s order issued Tuesday prevents the Department of Homeland Security from removing Ambila from the continental United States before the Court has had the opportunity to issue a ruling on his habeas petition.
The federal government is opposing the habeas petition, noting Ambila has already
been transferred to the ICE Field Office in Massachusetts to facilitate his
“imminent” removal.