CLEVELAND — A video, now viewed by thousands online, shows 29-year-old Noe Serrano Valdivia being arrested at Cleveland Immigration Court on Thursday. He and his attorney aren’t sure why.
What You Need To Know
An immigrant from Nicaragua who’s been fighting for asylum is now being detained
Immigration and Customs Enforcement agents arrested him as he was leaving immigration court
More than 70% of current detainees have no criminal convictions, according to records from TRAC Immigration out of Syracuse University
Immigration attorney Jose Juarez is helping Valdivia fight to stay in the United States. He said Valdivia first came to the United States seeking asylum after being persecuted for his political opinions and sexual orientation.
Valdivia was granted parole in 2023, but a judge has since ruled he is removable and ordered him to submit a new application for asylum by December.
“They gave him permission to enter the United States,” Juarez said. “They gave him permission to seek asylum. He was showing up to every single one of his hearings. And then today, out of the blue, they just say, ‘You know what? We’re just going to detain him.’”
The two were leaving the courtroom when they were approached by three ICE officers dressed in plain clothing. Juarez said he and Valdivia tried going into the elevator, but were blocked by one of the ICE officers.
Juarez said the ICE officials did not present an arrest warrant before handcuffing Valdivia.
Immigration attorney Kevin Garder made a post warning other local attorneys about ICE officers being at the courthouse Thursday morning. (Jose Juarez)
“I start recording and I’m like, ‘Where’s the arrest warrant? Who are you supposedly here for?’ Next thing you know, they arrest them. They put them in handcuffs. They don’t take them down the elevator, they take them down some side steps down to the 12th floor,” Juarez said.
Spectrum News 1 reached out to the Cleveland Immigration Court and ICE for comment, but we have yet to hear back.
ICE officers can make arrests without warrant if they have reason to believe an individual is in violation of U.S. immigration laws.
Juarez said Valdivia has no criminal record history.
“Usually people who are getting detained nowadays is either because they have a criminal record and they have to go through the criminal procedure … Or individuals who have been here less than two years and are subject to expedited removal,” Juarez said. “We’re way over the two-year for for that rule to apply.”
Valdivia, who’s being held at the Northeast Ohio Correctional Center, said over the phone that he still hasn’t been told why he was arrested or how long he will be detained.
“The people who met me here has already been waiting there for three, four months,” Valdivia said.
And the arrest isn’t just impacting Valdivia.
He’s been living with his aunt since moving to the country. She is also seeking asylum and has asked to remain anonymous for safety concerns.
“Well, I see it super unfair that we go to court and that when we leave the court comes that migration grabs us and takes us like we are criminals,” she said. “We are not that. We are trying to be in this country, trying to do our best, trying to survive and help our family.”
And while Juarez has defended dozens of cases in court, he said, they’re now dealing with a new uncertainty.
“We still got to show up,” Juarez said. “We still got to fight our case because we have a strong case. But you need to understand that there is a risk that ICE may be there, and they may detain you, and we won’t know why.