Immigration Judge Denies Bond for Shooting Victim Detained by ICE

Fri Sep 19 2025 00:55:25 GMT+0300 (Eastern European Summer Time)

Felipe de Jesus Hernandez Marcelo, who was shot in a robbery, remains in detention after an immigration judge's bond denial despite his application for a U visa.

An immigration judge has denied bond to Felipe de Jesus Hernandez Marcelo, a 28-year-old immigrant from Mexico, who has been held by ICE since he sought police assistance after being shot during a robbery in Iowa. Although Hernandez is applying for a U visa intended to protect crime victims, the judge ruled that his release poses a flight risk, given his previous legal issues. Hernandez's case has sparked controversy over the enforcement of immigration laws and protection for immigrant crime victims.

IOWA CITY, Iowa (AP) — An immigration judge has denied bond to Felipe de Jesus Hernandez Marcelo, a man who has been detained by Immigration and Customs Enforcement (ICE) since he sought police help as a victim of a near-fatal shooting in Iowa. The decision means the 28-year-old will remain behind bars pending his deportation proceedings.

Hernandez entered the U.S. illegally in 2021 from Mexico and has been in ICE custody since June 24, just three days after he was shot during a robbery in Muscatine, Iowa. Following the shooting, Hernandez has initiated the process to apply for a U visa, which is meant to encourage undocumented immigrants to report crimes without fear of deportation.

However, the Trump administration rescinded a policy that previously shielded crime victims, leading to a number of cases similar to Hernandez's, where victims face arrest and potential deportation when they interact with law enforcement.

After the shooting, Hernandez received immediate medical care that saved his life after a bullet struck his wrist and thigh. Though initially seeking assistance to recover his belongings following the shooting, he was arrested by local police for outstanding traffic warrants and subsequently transferred to ICE.

While incarcerated, Hernandez has faced significant challenges, including missing medical appointments for his leg rehabilitation and being separated from his 9-year-old son, whom he is raising as a single parent.

Last month, an immigration judge agreed with ICE's determination that he was subject to mandatory detention. However, a federal judge recently reversed that conclusion, stating that Hernandez was entitled to a bond hearing and highlighting the irreparable harm caused by his detention.

During a recent hearing, Hernandez's attorney argued that her client poses no flight risk and is essential as a witness against his assailants—one has pleaded guilty, while the other awaits trial. Despite these arguments, Judge Alexandra Larsen denied his bond application, citing speculative eligibility for the U visa and previous violations of law during his time in the U.S.

Hernandez's attorney has stated that they will continue to fight for his release, asserting there is substantial evidence indicating he is not a flight risk.