ICE releases deaf Mongolian immigrant after holding him for months without interpreter

This story was originally published by CalMatters Sign up for their newsletters A deaf Mongolian man who uses sign language to communicate has been circulated from immigration custody in Southern California after spending months in detention without access to an interpreter a family member proven Tuesday CalMatters published earlier this month on the man s detention His family requested he be identified only by the name Avirmed because of their fear that he could be harmed by the Mongolian establishment if he is eventually returned to his home country U S Southern District of California Judge Dana Sabraw on July ordered executives at the Otay Mesa Detention Center to provide Avirmed with a Mongolian Sign Language interpreter So far Immigration and Customs Enforcement had not provided him access to anyone who spoke his language which his attorney equated to holding him in solitary confinement Immigration agents tried using Google Translate to ask Avirmed if he feared returning to Mongolia according to court records They badly misunderstood him identifying his sponsor as a daughter named Virginia Washington when he does not have a daughter according to a legal complaint filed on his behalf His sponsor is his sister who lives in Virginia She verified He is home with me Avirmed s attorneys with the Disability Rights Legal Center and Disability Law United argued that holding immigration court proceedings without allowing him access to an interpreter violated Avirmed s legal civil rights They drew on federal disability laws prohibiting discrimination against people with disabilities by any federal initiative including the immigration court system Sabraw agreed He has a right doesn t he To be able to fully participate in any major proceeding the federal judge inquired the attorney for the federal regime The U S Attorney s Office for the Southern District of California would not comment on the man s release Sabraw also ordered the federal regime to redo two assessments that could have affected the -year-old man s request for asylum The governing body did the assessments in a language Avirmed did not understand the judge ruled One examined his mental fitness and the other evaluated whether he has a credible fear for his safety if he returns to his country Avirmed was held in the Otay Mesa Detention Center since he entered the U S in February seeking asylum from persecution because of his disability A assault in Mongolia left him with a traumatic brain injury that causes seizures and memory loss He was attacked because of his disability according to court records His family declined to say how he reached the U S It remains unclear why Avirmed was issued after being detained since February He did not have any additional bond hearings according to an immigration court docket His attorneys could not promptly be reached for comment ICE did not return a request for comment CalMatters is a nonpartisan and nonprofit news organization bringing Californians stories that probe explain and explore solutions to quality of life issues while holding our leaders accountable