J-E-R-P- is a national of Guatemala and a resident of the state of Oregon. He was forced to flee his home country after his stepfather was murdered and the perpetrators began to target the surviving members of J-E-R-P-'s family. Several men attempted to gun him down, and one of his brothers was murdered. Another of his brothers was brutally attacked with a machete.

J-E-R-P- fled Guatemala fearing that the next attempt on his life would be successful, and came to the United States to seek protection. He was released on his own recognizance from immigration custody for the purpose of pursuing his asylum case. Since that time, J-E-R-P- has complied with the legal process for his immigration case. He timely filed for asylum, and followed every request made by immigration authorities. 

Despite this, J-E-R-P- was violently re-detained without presenting him with a warrant for his arrest and without consideration of his individual facts and circumstances—none of which had changed since his initial release from custody more than two years prior that could justify his re-detention as either a flight risk or a danger to the community. Shortly after his re-detention J-E-R-P- was transferred to a notoriously inhumane detention facility-the Otero County Processing Center (“Otero”) in New Mexico - hundreds of miles away from his home and his minor son.