Canadian-born dentist living in Minnesota still in ICE custody despite no longer facing immediate deportation

A Canadian-born dentist in Minnesota is no longer facing an immediate deportation order, his lawyer says, but he's still in U.S. Immigration and Customs Enforcement custody. 

ICE detained William Lizardo on Oct. 23 during a green card interview in downtown Minneapolis. It came as a shock to the Lizardo's wife, Lauren, that he had a deportation order hanging over his head. The couple was unaware, they said, because the federal government sent them a critical "notice to appear" before a judge to an address in Virginia that they hadn't lived at for more than two years. 

According to court filings, an immigration court has now determined that Lizardo missed the appearance through no fault of his own. In granting Lizardo's motion to reopen the in absentia order from March, the judge found "Respondent has provided sufficient evidence demonstrating his lack of notice." 

Hassan Ahmad, Lizardo's immigration attorney now working on the case, said that it's clear that the government made an error. He's now working to get Lizardo home, because he argues that ICE no longer has justification for keeping him detained. 

"If the government can detain and deport somebody based on inauthentic paperwork the way that they are trying to do in this case, then nobody has any hope," Ahmad said.

Court records show that ICE is still attempting to find a way to force Lizardo out of the country. Once ICE responded to WCCO's initial inquiry about the issue following his detainment, which took the agency five days to do, it said that Lizardo had "overstayed his lawful entry."

Ahmad said that this isn't true, arguing that Lizardo has a legal right to remain in the country while he pursues a green card. Lizardo was initially denied a green card in January, but he filed an immediate appeal within the legal window, according to Ahmad.

Lauren Lizardo is hoping to see her husband home soon as she looks after their 18-month-old daughter. 

"I want to be treated with compassion and kindness. I feel like I haven't been given that opportunity and Will hasn't either," Lauren Lizardo told WCCO the day that her husband was detained.  

Lizardo is still behind bars in Sherburne. ICE has not acknowledged WCCO's inquiry submitted on Friday.