A U.S. District judge has ruled that an Ecuadorian immigrant and Carnegie resident arrested in January is entitled to a bond hearing in immigration court.
Luis Gilberto Loja Mayancela, 24, was detained by U.S. Immigration and Customs Enforcement while on his way to work Jan. 15 despite having protective status and valid work authorization.
On Thursday, Judge Christy Criswell Wiegand granted a request by Mayancela to have a detention hearing. If it is not provided, the judge wrote, Mayancela is to be released and reunited with his wife, Jessica, and their 3-month-old son.
“I think that’s the hardest part of all this for him, is that he’s separated from his partner and his child,” said Ian James, a friend of Mayancela’s who has been helping support the family since his arrest.
Immigration court has seven days to give Mayancela a hearing, during which a judge would decide whether he could be released while awaiting trial and under which conditions. If a judge does not issue a hearing within that time period, Mayancela would be released.
Mayancela is being held at Moshannon Valley Processing Center in Clearfield County.
In February 2020, at age 17, Mayancela fled Ecuador and entered the U.S. In September 2022, he applied for and was approved for Special Immigrant Juvenile status, or SIJ, a protective designation for immigrants under 21 who have been abused, abandoned or neglected by a parent and need juvenile court protection.
Mayancela lived in the U.S. for more than three years under SIJ status until he was arrested Jan. 15 outside a Lowe’s in Monroeville. Mayancela, along with co-workers from a roofing company, had stopped on their way to work to pick up supplies.
When the group exited the store, ICE officers detained Mayancela, a family member told TribLive on Friday.
Mayancela, the youngest of his brothers, was described by his family as smart, hardworking and excited to be a father.
“He’s the one who is always encouraging with a very positive attitude. Spiritually, he will lift you up, encourage you and always giving guidance,” a family member said through a translator.
At the time of his arrest, Mayancela also had valid work authorization and deferred action, a U.S. immigration policy that uses discretion to postpone the deportation of certain noncitizens for a temporary, renewable period.
Joseph Murphy, Mayancela’s immigration attorney, said he had no prior criminal charges aside from a minor traffic violation and would have been eligible to apply for a green card in March, had he not been detained.
While his friend is detained, James has been taking the baby to pediatrician appointments, running errands and helping the family.
Prior to his arrest, Mayancela was the sole provider for his family.
Despite the ruling, James said the family remains nervous.
“I thought it looked pretty cut and dry at the beginning. Luis had these protections — this shouldn’t happen to him, and look where he is now,” James said. “Even though this is moving in a good direction, we’re all still extremely nervous. It’s pretty frightening. It still feels like he’s in the same spot until he’s home.”