A federal judge in Florida has ordered the immediate release of an illegal immigrant, Dmitrii Iastrebov, after the government failed to comply with a previous court mandate. Iastrebov, held at the Baker County Detention Facility, was supposed to get a bond hearing last month.

Government Ignores Court Order

The U.S. District Court in Fort Myers ordered the hearing after the government explicitly agreed that Iastrebov was entitled to one. However, an immigration judge refused to hold the hearing, claiming Iastrebov was not eligible for bond under the law.

Instead of defending the federal court’s mandate, the government’s lawyers simply accepted the refusal and waived their right to an administrative appeal. Iastrebov then filed a renewed petition with the federal court. In response, the government told the federal judge that its previous agreement “was in error.”

The government then asked the court to reverse its previous decision and rule that Iastrebov was actually subject to mandatory detention. The federal court strongly rejected the request in a June 11 order, stating the government was right the first time.

The court’s order described the government’s reversal as legally unsupportable and “a masterclass in litigation cynicism.” The judge wrote, “A federal court is not a testing lab where the Executive branch can pilot a concession to get a case closed, stand by silently while its own administrative process flouts the resulting mandate, and then stroll back in demanding a clean slate.”

Because the government offered “zero assurance” that it would comply with the process it had previously championed, the court decided against ordering a second attempt at a bond hearing. Pointing to the government’s “complete inability to follow judicial directions,” the judge ordered Iastrebov to be released from custody within 48 hours and directed officials to coordinate his pickup with his attorney.

Original reporting: Tampa Free Press — read the source article.