The American Civil Liberties Union (ACLU) of Maine is challenging the detention of a noncitizen from the Democratic Republic of Congo previously arrested for criminal trespass, terrorizing and domestic violence assault, who has been held in U.S. Immigration and Customs Enforcement (ICE) custody since last fall.
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Eyidi Ambila, 44, was born in the Democratic Republic of Congo (DRC) and has lived in the U.S. since the age of seven, according to the Maine ACLU.
Ambila was previously detained in December 2005 following a felony conviction, and was ordered removed to the DRC in October 2006.
However, he was released from Department of Homeland Security (DHS) custody on an order of supervision in August 2007. What the 2005 felony conviction was for was not specified by the Maine ACLU.
The Maine Wire previously reported on Ambila in December as one of 30 aliens who were being held in ICE detention at Cumberland County Jail.
Booking records showed that Ambila was arrested by Portland Police on May 21, 2024, on charges of criminal trespass (a Class E or D misdemeanor), terrorizing (a Class D misdemeanor or Class C felony) and domestic violence assault (a Class D misdemeanor or Class C felony).
According to the Maine ACLU, Ambila was convicted of misdemeanor reckless conduct (Class D) and domestic violence assault (Class D) as part of a plea agreement in May 2024, and completed his sentence on Sept. 23, 2024, after which he was transferred into ICE custody and has since been held on an immigration detainer.
In their press release regarding Ambila’s situation last week, the Maine ACLU did not specify what the charges against Ambila were, nor did they indicate for which charges he was convicted, though they did so in their court filings.
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ICE lodges immigration detainers against unlawfully present noncitizens who have been arrested on criminal charges and who the agency believes are deportable from the U.S.
The Maine ACLU claims that the DRC, Ambila’s country of origin, has no record of him and has declined to issue him travel documents, making him “effectively stateless.”
Because of this, the nonprofit argues that there is “little likelihood of his removal,” and has filed a petition for a writ of habeas corpus on behalf of Ambila seeking his immediate release.
[RELATED: Maine ACLU Denounces ‘Cruel’ Use of New Hampshire Federal Prison to Hold ICE Detainees…]
In the filing, the Maine ACLU states that Ambila’s entire family now lives in the U.S. after fleeing from the DRC due to political persecution, including his three children, all of whom are U.S. citizens and of whom Ambila is the primary provider. The ACLU said Ambila previously received a green card and a social security number.
“Indefinite detention not only violates the Fifth Amendment, it’s inhumane,” ACLU of Maine Staff Attorney Anahita Sotoohi said Friday. “Being incarcerated with no prospect of release has profoundly affected Mr. Ambila’s relationship with his children and has taken a serious toll on his well-being.”
