An immigration judge denied cancellation of removal for Gerardo Reyes, a San Antonio father detained by Immigration and Customs Enforcement (ICE) after a traffic stop in March, after Hays County prosecutors declined to file criminal charges against him.
Since the cancellation of removal was denied, Gerardo Reyes faces the possibility of deportation. Reyes’ lawyer’s next step is to pursue a writ of habeas corpus, which would challenge the legality of Reyes’ detention and ask a judge to release him from the detention center while his immigration case is pending, according to Eric Martinez, executive and policy director of Mano Amiga.
Before the cancellation hearing, the Reyes family and Mano Amiga met with District Attorney Landon Campbell about the charges a few days before publicly delivering the petition on May 8. The petition had more than 200 signatures and called on the district attorney to decline charges against Gerardo Reyes. Campbell later declined to press charges, meaning no formal criminal charge was filed against Reyes, Martinez said.
On March 14, the San Marcos Police Department conducted a traffic stop that led to the arrests of Gerardo Reyes and his 17-year-old son, Esteban Reyes. Both were charged with interfering with an officer’s duty after refusing to exit the vehicle. After the arrest, Gerardo Reyes was transferred to ICE custody at the T. Don Hutto Detention Center in Taylor, Texas.
Mano Amiga, a local advocacy group that supports immigrants and marginalized families in Hays and Caldwell counties, organized a candlelight vigil on May 9 in front of the Hays County Historic Courthouse to support the Reyes family before Gerardo Reyes’ immigration hearing on May 12.
“So we had a meeting with Landon and the [Reyes] family just a couple of days ago and then on Friday we did a public delivery of the over 200 plus Hays County residents who signed the petition,” Martinez said. “The charges were dropped against the dad, but the charges against Esteban [Reyes] who is still here and [charges] are in what’s called pre-file status, which means the charges haven’t been filed yet.
Martinez said Gerardo Reyes’ case is a removal hearing, in which a judge determines whether a person should be deported. Since Reyes’ charges were dropped, Martinez said he believed there was a stronger chance that the judge would of denied deportation and release Reyes from the detention center.
Martinez said Mano Amiga will continue advocating for Esteban Reyes’ charges to be dropped as well.
According to Martinez, Gerardo Reyes has been dealing with an infected wisdom tooth since being held in the detention center and has not received treatment beyond painkillers.
“There’s also other people in there he know that [have not] been receiving the appropriate amount of insulin and all sorts of things,” Martinez said. “We know that medical neglect is really huge inside and that’s something that the system uses intentionally to pressure people into signing their own voluntary deportation.”
During the vigil, attendees observed five minutes of silence to reflect on those in detention centers and those outside fighting for justice.
“No family should have to navigate fear of detention, court system and public attacks. Simply for trying to live with dignity and safety, but even in the face of that pain, what we continue to witness this family’s courage, love and resilience,” Nataly Avendano, immigration equity director for Mano Amiga, said.
Gerardo Reyes’ daughter, Guadalupe “Lupe” Sarinana, and his wife, Sanjuana Escalante, testified at the cancellation hearing.
“Humans beings [are] slowly losing pieces of themselves while the world outside argues over whether they deserve humanity at all, and I need people to understand this, you do not have to agree on politics, to care about human suffering,” Sarinana said.
