The immigration lawyer José Guerrero stated that it is "very difficult" for the Cuban reggaeton artist El Chulo to be released by Immigration and Customs Enforcement (ICE) following his detention in the United States, due to the fact that the artist has a final deportation order.
“He does not qualify for bail… he would need to be granted a stay of deportation for humanitarian reasons… but given his current conditions, I highly doubt he will be released,” Guerrero said in an interview with journalist Javier Díaz from Univisión.
The arrest of the musician, whose real name is Abel Díaz Rodríguez, took place on Thursday, January 22, and triggered a wave of reactions on social media and among colleagues in the urban genre, concerned about his immigration future.
Guerrero explained that when there is a final deportation order, the margin for release on bail is drastically reduced, and in this case, the only option he mentioned as possible would be a deportation parole for humanitarian reasons, something he described as unlikely under a "zero tolerance" policy attributed to the current administration.
The lawyer clarified that he does not represent El Chulo in this case, but rather provided a general overview of the legal situation based on the available information.
"We are aware that there is a final deportation order against you, and this administration, as we know, has a zero-tolerance policy, so it will be very difficult for you to be released. You do not qualify for bail; you would need to be granted a parole for humanitarian reasons in order to be released, but given the current conditions, I have serious doubts about your release," he said.
According to what was discussed in the interview, the arrest would have taken place at his home, at the address that the authorities would have on record in the system.
Guerrero noted that ICE can show up at a residence, but he warned that entering a property without a warrant could constitute a violation of the Fourth Amendment.
In the same exchange, it is mentioned that El Chulo had an appointment with the authorities and did not show up, which, according to Guerrero, is usually a determining factor for agents to go and look for the person at their residence.
“If you have an appointment, go… because if not, you become a fugitive,” he warned.
Regarding the final destination, Guerrero explained that it will depend on whether Cuba accepts it or not.
If Havana accepts it, he could be deported to Cuba; if not, there is the possibility of sending him to a third country, with Mexico mentioned in the segment as an example of that alternative applied in other recent cases.
El Chulo, 35 years old and father of two children, has a pending deportation order that has been in place for years, associated with a firearm incident that occurred in the Tampa area.
The reggaeton artist is currently detained at the Florida Soft Side South detention center, located in Ochopee, Florida (54575 Tamiami TRL E, NA, FL 34141), awaiting the progress of his case.
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