Ruben Torres, father of cancer-fighting teen, will be released during deportation proceedings
Ruben Torres, a detained immigrant and the father of a teenage girl fighting Stage 4 cancer, is being released on bond as his deportation case makes it way through the system.
Torres is a Mexican national who has been in the U.S. since 2003. He was taken into custody near a Home Depot in Niles last weekend. His attorneys have fought for his release since, noting he did not get a bond hearing before an immigration judge and that he has no criminal record beyond a few minor traffic violations.
His lawyers also argued that his 16-year-old daughter Ofelia Torres is being treated for advanced cancer, and he is the main parent who watches her brother while she receives treatment.
Last week, a judge ruled his rights were violated when he was detained without a bond hearing.
Torres appeared virtually before a judge in an orange-and-white striped jail uniform from custody in Indiana. The judge approved $2,000 bond for his release. His attorneys said he posted bond Thursday afternoon and should be released before the end of the day.
"I'm happy to report that Sandibel is on the way to Indiana, driving to pick up her husband who hopefully will be released in a matter of hours," attorney Kalman Resnick said.
Ofelia Torres is fighting Stage 4 rhabdomyosarcoma, a cancer that develops in skeletal muscles. Judge Eva Saltzman acknowledged in court that his family and his attorney played a role in her decision.
"I see that you have very strong family ties and community ties in the United States, and that you have hired an attorney, which tells me you take these proceedings very seriously," she said.
She also noted that there is nothing in his record to indicate he posted a danger to the community. A lawyer for the government acknowledged the same.
"He only has minor traffic infractions. There is no other criminal history to note by DHS," the lawyer said.
"In court that's what we part of what we do is put the government claims to the test. If they want to say somebody is a criminal alien they have to come up with evidence and proof and say so specifically," said Charlie Wysong, an attorney who also represents Torres.
The case got the attention of Gov. JB Pritzker on the same day Torres was ordered released. Pritzker called him a "hardworking painter and a renovator." Torres' final words to the judge were simply, "Thank you."
Torres does still have an ongoing immigration case. His attorneys have asked the court to cancel his removal order as he fights for lawful permanent resident status, arguing he's met the criteria.
Editor's Note: This story previously reported bond was set at $200,000. That was incorrect; the judge set a $2,000 bond for Torres' release. We regret the error.