Case Details
Rigoberto Hernandez Hernandez is a wildland firefighter. Wildfires are unpredictable and devastating natural events that can cause destruction and loss. He is physically fit, highly and extensively trained, and capable of leading a squad for initial attacks against wildland fires.Rigoberto, along with his brothers, were among those specialized firefighters who arrived to fight the Bear Gulch fire in the Western Washington wilderness.But in their lawless pursuit of detention bed quotas, the Executive Branch arrested Rigoberto while he was fighting the fire. The Executive Branch violated Rigoberto’s due process rights—a bedrock of American freedom—one after the other after the other. The Executive Branch disregarded all of the laws and procedures that were designed to protect the freedom Americans cherish.The laws that bind ICE are more than just the law of deportation, which does not rise above any other law; rather, ICE is simultaneously bound by the Fourth and Fifth Amendments of the U.S. Constitution. These protections guarantee the freedom of the people against tyranny. Rigoberto sued the Executive Branch and many of their lawless federal agencies including Border Patrol and ICE to protect everyone’s freedom. Without due process, no one is safe. Rigoberto is now free from ICE custody.
Rigoberto is represented by lawyers from Innovation Law Lab and the Northwest Immigrant Rights Project.
UPDATE: Rigoberto has been released from ICE custody as of October 23, 2025.
Spotlight
Legal Documents
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08/28/2025
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Letter to Sen. Wyden | |
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09/19/2025
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Petition for Writ of Habeas Corpus | |
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09/19/2025
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Declaration Of Rodrigo Fernandez-Ortega | |
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09/19/2025
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Exhibit A | |
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09/19/2025
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Exhibit B | |
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09/19/2025
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Declaration Of Ricardo Hernandez Hernandez In Support Of Motion For Temporary Restraining Order | |
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09/19/2025
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Declaration Of Riva Duncan In Support Of Petitioner’s Motion For A Temporary Restraining Order | |
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09/23/2025
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Declaration of Christopher Hubbard | |
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09/23/2025
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Declaration of Michelle R. Lambert | |
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09/23/2025
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DHS Motion to Dismiss |
In the Press
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09/19/2025
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Attorneys press for release of Oregon firefighter detained by federal immigration officials
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08/30/2025
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Border Patrol arrests 2 crew workers helping battle Washington’s biggest wildfire for being in the country illegally
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08/28/2025
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Democrats Seek ‘immediate answers’ after reported arrests of firefighters by US border agents
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