Detained journalist Mario Guevara's attempt to block deportation order denied by Court of Appeals
A federal court has denied journalist Mario Guevara's emergency attempt to stop immigration authorities from deporting him to El Salvador.
Guevara, who was arrested while covering a "No Kings" protest in DeKalb County in June, has been in ICE custody for more than 100 days while the legal battle over his detention continued.
On Wednesday night, the 11th Circuit Court of Appeals ruled that Guevara's deportation could go forward, finding that, while the journalist did have the First Amendment right to report on the protest, he had not filed the proper paperwork to apply for permanent residency.
"In April 2025, Guevara's son filed a Form I-130 Petition for Alien Relative, which allows a United States citizen to establish a qualifying relationship with a noncitizen relative who wishes to stay in the country permanently and apply for a green card. If the citizen-sponsoring relative is the child of the noncitizen beneficiary, as is the case here, the beneficiary may concurrently file for an adjustment of status while the I-130 petition is pending by completing an I-485 Application To Register Permanent Residence or Adjust Status," Judge Embry Kidd wrote in his concurring opinion. "Critically, Guevara did not file an I-485."
With the ruling, Guevara is at risk of being sent to El Salvador at any time and remains in custody.
Mario Guevara detained while covering "No Kings" protest
Police in DeKalb County arrested Guevara while he was livestreaming a "No Kings" rally protesting President Trump's administration on June 14, charging him with obstructing police, unlawful assembly, and improperly entering a roadway.
Within days, prosecutors dismissed the charges. The Gwinnett County Sheriff's Office then took out warrants charging Guevara with reckless driving and other counts, but the county's solicitor's office declined to prosecute the case.
ICE took custody of Guevara a few days after his arrest and refused to release him. He remains in custody at the Folkston ICE Processing Center.
An immigration judge granted Guevara a $7,500 bond in July, but the government filed a stay, claiming that his reporting on law enforcement activity was dangerous, citing a 2012 ruling denying Guevara's application for asylum.
In September, the Board of Immigration reopened the prior immigration case, which had previously been administratively closed.
Since Guevara's arrest, his family and attorneys have called for his release, saying that he was wrongly detained over a violation of his First Amendment rights.
A federal habeas petition over the journalist's detention remains in the court system.