US Deportation stay granted for caregiver 'daddy' of paraplegic boy

04:46  13 january  2018
04:46  13 january  2018 Source:   USA TODAY

Can courts stop deportation of disabled boy's caregiver? Yes, retired judge says

  Can courts stop deportation of disabled boy's caregiver? Yes, retired judge says <p>A hail-Mary effort to prevent the deportation of a paraplegic 6-year-old boy's caregiver has a chance of success against President Trump's Immigration and Customs Enforcement department, according to a former federal judge.</p>Load Error

CINCINNATI — A federal appeals court granted a stay of deportation Friday afternoon for the caregiver of a paraplegic boy who was hospitalized Thursday night, days after immigration officials took the man into custody. 4: Paraplegic 6-year-old’s ‘ Daddy ’ faces deportation .

CINCINNATI — A federal appeals court granted a stay of deportation Friday afternoon for the caregiver of a paraplegic boy who was hospitalized Thursday night, days after immigration officials took the man into custody. 4: Paraplegic 6-year-old’s ‘ Daddy ’ faces deportation .

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CINCINNATI — A federal appeals court granted a stay of deportation Friday afternoon for the caregiver of a paraplegic boy who was hospitalized Thursday night, days after immigration officials took the man into custody.

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Deportation stay granted for caregiver ' daddy ' of paraplegic boy . The emergency order was granted late Friday as a winter storm was starting in the Cincinnati area.

CINCINNATI — A federal appeals court granted a stay of deportation Friday afternoon for the caregiver of a paraplegic boy who was hospitalized Thursday night, days after immigration officials took the man into custody. 4: Paraplegic 6-year-old’s ‘ Daddy ’ faces deportation .

Yancarlos Mendez Perez, 27, of Springdale, Ohio, is engaged to the mother of a 6-year-old Ricky Solis, who was seriously injured and paralyzed from the waist down in an auto accident in February in nearby Fairfield, Ohio. Staff at Cincinnati Children's Hospital Medical Center trained him on how to care for Ricky's complex medical needs, and Mendez has helped Ricky and his mother since 2014.

"We got the order from 6th Circuit granting stay of deportation!!!" one of Mendez's lawyers, Nazly Mamedova, said in email. "AMAZING CLERKS at 6th!! We are very thankful they stayed through snow and processed the stay."

Mendez, who is in federal immigration custody about 150 miles away in Mount Gilead, Ohio, could have been deported to the Dominican Republic as early as Saturday, according to documents filed with the U.S. Sixth Circuit Court of Appeals.

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CINCINNATI — A federal appeals court granted a stay of deportation Friday afternoon for the caregiver of a paraplegic boy who was hospitalized Thursday night, days after immigration officials took the man into custody. 4: Paraplegic 6-year-old’s ‘ Daddy ’ faces deportation .

The mechanic, Yancarlos Mendez, is the sole supporter and one of two trained caregivers for the boy — a paraplegic U.S. citizen, severely The threshold for federal immigration officials to grant the suspension of deportation is if it "would result in The man he knows as Daddy is always on his mind.

a little boy wearing a hat: Ricky Solis, 6, of Springdale, Ohio, smiles as his mother speaks Jan. 3, 2018, at Cincinnati Children’s Hospital's Liberty Campus in Liberty Township, Ohio. Ricky became paraplegic after a driver crossed lanes and struck Solis and his mother, Sandra Mendez, in their car in February 2017. © Sam Greene, The Cincinnati Enquirer Ricky Solis, 6, of Springdale, Ohio, smiles as his mother speaks Jan. 3, 2018, at Cincinnati Children’s Hospital's Liberty Campus in Liberty Township, Ohio. Ricky became paraplegic after a driver crossed lanes and struck Solis and his mother, Sandra Mendez, in their car in February 2017.

► Jan. 8: Despite social media outcry, paraplegic boy's 'Daddy' to be deported

► Jan. 5: ICE to move forward with deportation of paraplegic boy's caregiver

► Jan. 4: Paraplegic 6-year-old’s ‘Daddy’ faces deportation

Lawyers Charleston Wang and Mamedova had asked a single judge on the appeals court to postpone Mendez's deportation until the court can consider his case. The filing states that the normal course for appeal, through the federal Board of Immigration Appeals, has been closed off to Mendez.

Mendez's legal team also had filed a direct appeal Friday to immigration officials in Washington. Mamedova had filed an appeal Dec. 27 for a one-year suspension of deportation to U.S. Immigration and Enforcement officials in the Detroit regional office, but they denied it Jan. 4.

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Paraplegic 6-year-old’s ‘ Daddy ’ faces deportation . USA Today NetworkMark Curnutte His lawyer appeals to allow him to stay . It would appear to be a commonplace deportation case The mechanic, Yancarlos Mendez, is the sole supporter and one of two trained caregivers for the boy — a

Immigration officials say paraplegic boy 's caregiver overstayed his visa, waiving his right to court hearing. He is engaged to boy 's mother. More: Paraplegic 6-year-old’s ‘ Daddy ’ faces deportation .

a person posing for the camera: Yancarlos Mendez Perez, 27, poses with his finance's son, Ricky Solis, in the hospital after a near-fatal car crash that left the child paralyzed from the waist down. © Courtesy of Sandra Mendoza Yancarlos Mendez Perez, 27, poses with his finance's son, Ricky Solis, in the hospital after a near-fatal car crash that left the child paralyzed from the waist down.

The December appeal had stated the extreme hardship that would be inflicted on Ricky and his mother, Sandra Mendoza, if Mendez were forced to leave.

Ricky was readmitted Thursday to Cincinnati Children Hospital suffering from internal bleeding related to bowel, colon and bladder injuries suffered in the crash. Surgery scheduled for February has been moved up to this coming week.

"Ricky's health has worsened," Mamedova said.

After the decision from the Detroit ICE office, social media exploded in sympathy for the family. Activists called for immigration officials to allow Mendez to be reunited with his family.

A suitcase of Mendez's personal belongings was delivered to him at the jail, north of Columbus, and an itinerary for his deportation to the Dominican Republic had been set, Mamedova said earlier Friday.

Mendez, an auto mechanic with dual Dominican and Spanish citizenship, was stopped a second time in November in Butler County, Ohio, for driving without a license. He was sentenced Nov. 29 to 30 days in the Butler County Jail.

Jail officials informed ICE that they were holding him.

► Oct. 17: Sanctuary seeker finds refuge from deportation at Colorado church

► Aug. 7: Bishop asks ICE to keep mom of child with cancer in U.S.

Mendoza, 24, a Guatemalan national, had to quit her job in a pizza restaurant to care for her son around the clock.

In their rejection letter, Detroit immigration officials wrote that Mendez overstayed a visa, so he had forfeited his right to a hearing before an immigration judge.

Follow Mark Curnutte on Twitter: @MarkCurnutte

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