ICE in Minnesota: Judge holds government attorney in contempt for violation of court order
Judge finds government attorney in contempt of court
A U.S. District Court Court judge imposed a stiff penalty on a government attorney for a violation of a court order related to the release of a detained immigrant. FOX 9's Paul Blume has the latest details.
MINNEAPOLIS (FOX 9) - For the first time during Operation Metro Surge, a federal judge has imposed stiff consequences on a government attorney for ICE’s violation of a court order related to the release of a detained immigrant. Judge Laura Provinzino found Special Assistant United States Attorney Matthew Isihara in civil contempt during a Wednesday afternoon hearing.
$500 daily fines
What we know:
Judge Provinzino issued a civil contempt order against Isihara in a habeas case, ordering daily fines of $500.
She said her goal is to ensure the government complies with her orders regarding a detained Mexican immigrant from Big Lake, Minnesota.
No criminal history
The backstory:
The underlying case was filed on behalf of Rigoberto Soto Jimenez.
According to court filings, Soto Jimenez has lived in the United States since 2018. He has no criminal history or final order of removal. And his immigration attorney noted that he is "years into the process of obtaining lawful immigration status."
Soto Jimenez was arrested by federal agents at his workplace on Jan. 14 and was denied a bond hearing in immigration court.
Judge Provinzino ordered his release from the Camp East Montana Detention Facility in El Paso, Texas by Feb. 13.
Her order stated that he was to be released in Minnesota and that the government was to "return all property to him."
ICE met the deadline but released Soto Jimenez in Texas without any of his identification paperwork, including his Minnesota driver’s license and a Mexican consular ID card.
At the Wednesday hearing, Judge Provinzino demanded to know why, nearly a week later, his identification paperwork had not been returned.
‘Fell through the cracks’
Dig deeper:
Isihara admitted the order had fallen "through the cracks" and that he deeply regretted what had happened.
The attorney for Soto Jimenez told the court she had to find an overnight shelter in Texas for her client following his release, and then purchase an airline ticket to return him to Minnesota.
Isihara blamed a massive caseload and "not enough staff" in the U.S. Attorney’s office to handle all the civil litigation connected to Operation Metro Surge.
Isihara, who is a JAG attorney with the Department of War (Defense) on special assignment to assist with all the federal habeas filings, said he has been assigned nearly 130 cases in just the last month.
"I don’t think it is acceptable," Isihara told the court. "I believe the volume of work over the last few weeks has exceeded the capacity of any one AUSA [Assistant U.S. Attorney]."
Following the contempt ruling, U.S. Attorney Daniel Rosen told the FOX 9 Investigators, "Judge Provenzino’s order is a lawless abuse of judicial power."
Provinzino ordered Isihara to pay daily fines of $500 for everyday Soto Jimenez does not have his identifications moving forward.
The fines start accruing on Thursday.
So, if the items are returned, there will be no financial consequences imposed.