ICE Set to Deport Bolivian Asylum Seeker to Democratic Republic of Congo
A federal judge has authorized Immigration and Customs Enforcement (ICE) to deport Bolivian asylum seeker Jose Yugar Cruz from Iowa to the Democratic Republic of Congo. U.S. District Judge Stephen H. Locher ruled this week that he had “little choice” but to deny Mr. Yugar Cruz’s request to prevent his removal, following two Supreme Court orders lifting injunctions against such deportations.
Background on Yugar Cruz’s Asylum Claim
Yugar Cruz, originally from Bolivia, entered the United States through the Arizona border on July 8, 2024. Upon arrival, he promptly surrendered to law enforcement officials and was taken into custody. By October 2024, he filed for asylum, expressing fear of torture should he return to his home country. An immigration judge granted him an “injunction against removal” in December 2024, citing the risks associated with his prior torture experiences in Bolivia under the Convention Against Torture.
Indefinite Detention Amid Searches for Alternative Deportation Locations
The federal government opted not to appeal the immigration judge’s injunction but decided to keep Yugar Cruz detained while searching for another country to accept him upon deportation. For 17 months, ICE kept Yugar Cruz imprisoned while attempts to extradite him to countries such as Argentina, Chile, Paraguay, Mexico, and Canada proved unsuccessful.
Legal Action Regarding Lengthy Detention
In December 2025, Yugar Cruz filed a lawsuit against ICE, arguing that his indefinite detention violated his rights, particularly in light of his clean criminal record. The U.S. Department of Justice eventually agreed to his release from Muscatine County Jail but stipulated that he remain under ICE supervision.
Re-arrest Amid Asylum Case Developments
Following his release, Yugar Cruz found himself re-arrested just days later when the Trump administration enacted a Third Party Exclusion Agreement with the Democratic Republic of the Congo. This agreement assured that deportees would not face persecution or torture upon their return. On March 9, 2026, ICE officials confirmed Congo’s acceptance of Yugar Cruz’s deportation, leading to his custody during a routine ICE check on April 8, 2026.
Complications Arise as Deportation Date Approaches
On the day his deportation flight was scheduled to depart, Yugar Cruz successfully obtained a stay of proceedings, contending that his removal was legally questionable. His attorneys highlighted his status as a member of a certified class in the case DVD v. Department of Homeland Security, which had previously prevented the government from deporting a non-citizen without allowing them to present their case.
Judicial Decisions Affecting Deportation Strategy
In his ruling regarding Yugar Cruz’s situation, Judge Locher noted the Massachusetts court’s decision was “undoubtedly favorable” to him. However, he pointed out that the U.S. Supreme Court had intervened to stay the injunction at a critical juncture. Locher indicated that ICE’s deportation process remains legally valid despite the pending Massachusetts case. He remarked, “This is nearly fatal to Mr. Yugar Cruz’s case,” emphasizing the challenges posed by the Supreme Court’s actions in similar instances.
Human Rights Concerns Regarding Deportations
Some human rights organizations have voiced strong opposition to U.S. deportations to the Democratic Republic of Congo, raising concerns over armed conflict, outbreaks of yellow fever, and pervasive poverty in the region. Recent reports indicate that 15 South American immigrants, who were forcibly returned to the DRC two weeks ago, feel pressured to return to their homelands, where they fled persecution and torture. Many have found themselves stranded in Kinshasa, with little financial support and no means of further travel.
