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A federal court judge has ordered a 43-year-old man arrested by ICE during the immigration enforcement surge be released. 

In an order issued Wednesday, Judge Jerry Blackwell said the man came to the U.S. from Somalia in 1999 as a juvenile whose parents were seeking asylum.

The man later served a series of sentences after criminal convictions between 2004 and 2010. According to the Department of Homeland Security (DHS), the man was convicted of a robbery in Cincinnati and was sentenced to a three-year prison term.

The man was subsequently ordered removed from the U.S. in 2011.

However, his removal to Somalia was deferred and he was placed under a supervision order.

Blackwell explained that since that removal order was issued, the man complied with all the conditions of his supervision. 

ICE re-arrested the man last week during a regularly scheduled check-in with immigration officials.

In court records, DHS officials said they were in the process of terminating the man’s deferral and were “diligently working to coordinate” the man’s removal “to Somalia or a third country.”

However, Blackwell wrote that DHS had not found a country to accept the man. 

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In an order issued Wednesday, a judge said the man who is under a final deportation order, is not likely to be sent back to Somalia or any other country and should be released from custody

Judge orders release of Somali man detained during ICE enforcement surge

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