An immigration judge denied bond Wednesday to Felipe de Jesus Hernandez Marcelo, 28, who has been in Immigration and Customs Enforcement custody since June 24 after seeking police help as the victim of a near-fatal shooting in Muscatine, Iowa. Hernandez acknowledged entering the United States illegally in 2021 from Mexico, and he will remain in detention as deportation proceedings proceed.
The shooting occurred in the early morning of June 21 when two people attempted to rob him in Muscatine. Police and medical personnel at two hospitals saved his life after a bullet traveled through his wrist and thigh. Days later, when Hernandez went to the police station to retrieve his car, money and other belongings, he was arrested on a months-old traffic-ticket warrant. Hours later, the county jail turned him over to ICE. While detained, he has missed medical appointments needed to rehabilitate his leg, has been separated from his 9-year-old son, and has lost his construction job that supported his extended family.
Hernandez is seeking a U visa, a longstanding program intended to encourage crime victims to report offenses and assist law enforcement without fear of deportation. But ICE rescinded a policy that shielded crime victims in January, as part of the Trump administration's crackdown on illegal immigration. The Muscatine County prosecutor is waiting for criminal proceedings to conclude before certifying Hernandez’s eligibility for the visa. At the hearing, Hernandez’s lawyer Emily Rebelskey argued that her client is not a flight risk or a danger to the community and should be released while his case moves forward.
Earlier, an immigration judge in Omaha, Nebraska, agreed that Hernandez was subject to mandatory detention. A federal judge overturned that ruling last week, finding that Hernandez was entitled to a bond hearing and was suffering irreparable harm in custody. Rebelskey said she would continue fighting for Hernandez’s release, citing ample record evidence that he is not a flight risk and that he serves as a key witness in the criminal case against his attackers, one of whom has pleaded guilty and the other awaits trial.
In denying bond, Judge Alexandra Larsen noted that it is speculative whether Hernandez will qualify for the visa and that the prosecutor is waiting for the criminal case to conclude before certifying eligibility. The judge also cited Hernandez’s 4 1/2 years in the United States and prior violations of law, including a ticket for driving with a suspended license, in evaluating his flight risk. Hernandez’s supporters say the case highlights the tension between immigration authorities' enforcement priorities and protections for crime victims who want to cooperate with investigators.