A deaf Mongolian man who uses sign language to communicate has been released from immigration custody in Southern California after spending months in detention without access to an interpreter, a family member confirmed Saturday.
CalMatters reported 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 government if he is eventually returned to his home country.
U.S. Southern District of California Judge Dana Sabraw on July 9 ordered officials 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, but 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 confirmed, “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 program, including the immigration court system.
Sabraw agreed. “He has a right, doesn’t he? To be able to fully participate in any significant proceeding?” the federal judge asked the attorney for the federal government.
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 government to redo two assessments that could have affected the 48-year-old man’s request for asylum. The government did the assessments in a language Avirmed did not understand, the judge ruled. One examined his mental health, 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 2020 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 released after being detained since February. He did not have any additional bond hearings, according to an immigration court docket. His attorneys could not immediately be reached for comment. ICE did not return a request for comment.
Wendy Fry writes for CalMatters, where this article originally appeared.
