Ice holds deaf Mongolian immigrants for a few months and releases deaf Mongolian immigrants
A family member confirmed on Saturday that a deaf Mongolian man who communicated in sign language had been released from immigration custody in Southern California after being detained in a detention center for several months without access to an interpreter.
Calmatters reported earlier this month that the man was detained. His family asked him to identify him with this name only because they were worried that the Mongolian government would eventually return to his homeland and that he would be hurt by the Mongolian government.
California judge Dana Sabraw ordered Avirn for Mongolian sign language interpreters on July 9 at Otay Mesa Detention Center officials. To date, immigration and customs enforcement have not provided him with opportunities to anyone who speaks his language, and his lawyers are equivalent to putting him in a separate prison.
According to court records, immigration agents tried to use Google Translate to ask Avirnate if he was worried about returning to Mongolia. They seriously misunderstood him, identifying his sponsor as a daughter named Virginia Washington, but he has no daughter, according to a legal complaint filed on his behalf. His sponsor is his sister, who lives in Virginia.
She confirmed: “He is with me.”
Avirned’s Law Center for the Disability Rights Law and Disability Act ruled that holding immigration court proceedings without allowing him to access the interpreter violated Avirned’s legal civil rights. They draw on federal disability laws that prohibit discrimination against persons with disabilities through any federal program, including immigration court system.
Sabrau agreed. “He has the right, isn’t he? Can he be fully involved in any major proceedings?” The federal judge asked the federal government’s lawyers.
The U.S. Attorney’s Office in Southern California will not comment on the man’s release.
Sabrau also ordered the federal government to redo two assessments that could affect asylum requirements for a 48-year-old man. The judge ruled that the government evaluated in a language of declaration. One checked his mental health, and the other assessed whether he had a credible fear of his own safety if he returned to his country.
Since entering the United States in February, Avirned has been held at the Otay Mesa Detention Center for seeking asylum because of his disability. The 2020 attack in Mongolia left him suffering brain trauma, resulting in epilepsy seizures and memory loss. He was attacked for his disability, according to court records. His family declined to say how he arrived in the United States
It is unclear why he was released after being detained since February. He did not have any other bond hearings, according to the immigration court case file. Unable to comment immediately with his attorney. ICE did not return a request for comment.
Wendy Fry wrote for Calmatters, which originally appeared here.
