For the past five months, a Brevard County woman has been doing everything she can to get her father back home to Palm Bay.”He’s just completely and emotionally spent,” Sheena Allende-Smith said.Her father, 58-year-old Jose Manuel Allende, came to the United States legally from Cuba through the Freedom Flights, a large-scale operation that brought hundreds of thousands of Cubans to the U.S. He has an American driver’s license and a Social Security card.However, a decades-old criminal history and lack of citizenship led to a deportation order.WESH 2 first told you about his case in September, when Immigration and Customs Enforcement detained him in his driveway.Initially, he was held at “Alligator Alcatraz” for more than two weeks. Allende-Smith said ICE agents threw away her father’s dentures when he arrived, and he has not been able to get a replacement while detained.”‘Alligator Alcatraz’ has 24-hour LED lights on, so there’s no way to know what time of day it is,” Allende-Smith said. “There’s no way to know if it’s breakfast, lunch or dinner because they’re feeding you the same foods for every single meal.”Her father is now being held at the Federal Detention Center in Miami.”He is not allowed outside at FDC. ICE rents the 11th floor from the federal prison, and they are not allowed recreation time,” Allende-Smith said. “They are not allowed outdoor time.”Allende-Smith said she hired an attorney, and they were able to secure a motion to stay.”Which means the deportation order is removed from his record. We also got a motion to reopen his case approved. That included 375 pages of records — 20 years of tax returns, medical records, proof that he owns a business, proof that he owns his home and letters from the community,” Allende-Smith said.She said he should have been released by now, but he remains in custody.”He is now in legal status because they removed the deportation order and granted the motion to reopen his case,” Allende-Smith said. “We applied for his green card, and it’s pending. He can’t complete the green card process as long as he’s being detained. The judge says it’s not his jurisdiction. Homeland Security says they’re detaining him. Then the judge says if they continue detaining him, we’re deporting him April 6 if he’s not released by then.”The family is now up against the clock, hiring a federal attorney and working to obtain a signature for his release.”My dad is a good man. Of course, every daughter says that about their father, but I really mean it. My father is a man of faith, and he has helped this community so much, quietly. He has helped so many people — elderly, veterans, disabled. He’s done work on their houses for free,” Allende-Smith said. “There’s no reason for him to be there.”
For the past five months, a Brevard County woman has been doing everything she can to get her father back home to Palm Bay.
“He’s just completely and emotionally spent,” Sheena Allende-Smith said.
Her father, 58-year-old Jose Manuel Allende, came to the United States legally from Cuba through the Freedom Flights, a large-scale operation that brought hundreds of thousands of Cubans to the U.S. He has an American driver’s license and a Social Security card.
However, a decades-old criminal history and lack of citizenship led to a deportation order.
WESH 2 first told you about his case in September, when Immigration and Customs Enforcement detained him in his driveway.
Initially, he was held at “Alligator Alcatraz” for more than two weeks. Allende-Smith said ICE agents threw away her father’s dentures when he arrived, and he has not been able to get a replacement while detained.
“‘Alligator Alcatraz’ has 24-hour LED lights on, so there’s no way to know what time of day it is,” Allende-Smith said. “There’s no way to know if it’s breakfast, lunch or dinner because they’re feeding you the same foods for every single meal.”
Her father is now being held at the Federal Detention Center in Miami.
“He is not allowed outside at FDC. ICE rents the 11th floor from the federal prison, and they are not allowed recreation time,” Allende-Smith said. “They are not allowed outdoor time.”
Allende-Smith said she hired an attorney, and they were able to secure a motion to stay.
“Which means the deportation order is removed from his record. We also got a motion to reopen his case approved. That included 375 pages of records — 20 years of tax returns, medical records, proof that he owns a business, proof that he owns his home and letters from the community,” Allende-Smith said.
She said he should have been released by now, but he remains in custody.
“He is now in legal status because they removed the deportation order and granted the motion to reopen his case,” Allende-Smith said. “We applied for his green card, and it’s pending. He can’t complete the green card process as long as he’s being detained. The judge says it’s not his jurisdiction. Homeland Security says they’re detaining him. Then the judge says if they continue detaining him, we’re deporting him April 6 if he’s not released by then.”
The family is now up against the clock, hiring a federal attorney and working to obtain a signature for his release.
“My dad is a good man. Of course, every daughter says that about their father, but I really mean it. My father is a man of faith, and he has helped this community so much, quietly. He has helped so many people — elderly, veterans, disabled. He’s done work on their houses for free,” Allende-Smith said. “There’s no reason for him to be there.”