Georgia teen remains in ICE custody after stay denied; lawyer says judge can reopen case
A Dunwoody teenager fighting to stay in the United States is facing a new setback in court, but his attorney says the legal fight is not over.
Attorney Alex Cornejo said a request for 18-year-old Axel Gerardo Archaga Rios to remain in the country has been denied by a Immigration and Customs Enforcement.
According to the attorney, they had filed a stay of removal, which the federal immigration agency denied, but a judge has a chance to examine another effort avoid possible deportation to Honduras.
"It was just denied but the judge still has discretion to grant our motion to reopen," Cornejo said on Wednesday.
That motion asks the court to revisit a 2015 final order of removal issued for Rios. If granted, it could reopen the case and allow Rios to seek relief such as asylum.
Rios has been in ICE custody at the Folkston ICE Processing Center since late March.
The case stems from a March 27 traffic stop in Dunwoody, where police said he was pulled over for running a stop sign and driving without a valid license. He was later transferred through local custody before being turned over to federal immigration authorities after posting bond.
According to Cornejo, the case is complicated by the long-standing removal order issued nearly a decade ago, which he said stems in part from missed court dates tied to a move his family made after leaving Florida for Georgia.
Cornejo said Rios came to the United States from Honduras as a young child with his mother, who was seeking asylum.
"Unfortunately, this was not a licensed attorney. As a result, she never got any notice from anyone," Cornejo said, referring to prior legal representation. "She just found out about this months ago."
A Department of Homeland Security statement previously said Rios entered the United States in 2014 and was later issued a final order of removal in 2015, and that he will remain in ICE custody pending removal.
Despite the legal hurdles, Cornejo said he has filed a stay of removal and is also working to have the 2015 order dismissed in Florida, which could allow Rios to pursue asylum.
"This kid is so brave," Cornejo said. "He's so optimistic. He's like, 'I'm going to be OK.'"
The case now hinges on whether a judge grants the motion to reopen, which would allow Rios to challenge the prior removal order and continue his legal fight.
CBS News Atlanta has reached out to ICE and the Department of Homeland Security over Rios' status and will update this story should they choose to comment.