Introduction
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U.S. District Court Judge Laura Provinzino held a government attorney in civil contempt for not complying with an order related to the release of detained immigrants.
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The Mexican immigrant, who lives in Great Lakes, Minnesota, was released from a Texas detention center without identification.
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Lawyers face fines of $500 per day until the documents are returned.
Minneapolis (Fox 9) – For the first time during Operation Metro Surge, a federal judge imposed harsh penalties on government lawyers who ICE violated court orders related to the release of detained immigrants. Judge Laura Provinzino found Special Assistant U.S. Attorney Matthew Isihara in civil contempt during a hearing Wednesday afternoon.
daily fine of $500
what we know
Judge Provenzino issued a civil contempt order against Ishihara in a writ of habeas corpus, imposing a daily fine of $500.
She said her goal was to ensure the government complied with her order regarding Mexican immigrants detained in Minnesota’s Great Lakes.
No criminal record
Backstory
The basic case was filed on behalf of Rigoberto Soto Jimenez.
According to court documents, Soto Jimenez has lived in the United States since 2018. He has no criminal record and no final deportation order. His immigration attorney noted that he had been “in the process of obtaining legal immigration status for several years.”
Soto Jimenez was arrested by federal agents at his workplace on Jan. 14 and denied a bail hearing in immigration court.
Judge Provenzino ordered his release from the Eastern Montana Detention Facility in El Paso, Texas, by February 13.
Her order said he would be released in Minnesota and the government would “return all property to him.”
ICE released Soto Jimenez before the deadline without any identification, including his Minnesota driver’s license and Mexican consulate identification card.
During Wednesday’s hearing, Judge Provenzino demanded to know why his ID had not been returned nearly a week later.
“Falling through the cracks”
Dig deeper
Ishihara acknowledged that the order had “failed” and that he deeply regretted what had happened.
Soto Jimenez’s attorney told the court that after her client is released, he must find an overnight shelter in Texas and then buy a plane ticket to fly him back to Minnesota.
Shintaro Ishihara blamed the U.S. Attorney’s Office for having a large caseload and “not having enough staff” to handle all civil litigation related to Operation Subway Surge.
Isihara, a JAG attorney with the Department of War (Defense Department) who assists with all federal habeas corpus petitions, said he was assigned to nearly 130 cases last month alone.
“I think this is unacceptable,” Ishihara told the court. “I believe the workload over the past few weeks has exceeded the capabilities of any AUSA [Assistant U.S. Attorney]”.
After the contempt ruling, U.S. Attorney Daniel Rosen told Fox 9 Investigators that “Judge Provenzino’s order is an unlawful abuse of judicial power.”
Provinzino ordered Isihara to pay a $500 fine for each day Soto Jimenez failed to produce identification.
Fines began accruing on Thursday.
In an update Wednesday night, Soto Jimenez’s attorney said the government had provided a tracking number for overnight delivery of his ID. They are expected to receive the documents Thursday, which will invalidate any fine imposed by Judge Provenzino.
