Axel Rios deportation: Dunwoody student denied federal relief
ICE denies stay for Georgia high school junior
Axel Rios, a junior at Dunwoody High School, faces possible deportation after federal immigration officials denied his request to remain in the country.
DUNWOODY, Ga. - Federal immigration officials have denied a Dunwoody high school student’s request to remain in the United States, bringing him closer to possible deportation to Honduras, according to his attorney.
ORIGINAL STORY: Why a Dunwoody traffic stop could lead to teen's deportation
What we know:
Eighteen-year-old Axel Rios is being held at an Immigration and Customs Enforcement processing facility in Folkston after his arrest in March during a traffic stop in Dunwoody.
Police said Rios was pulled over on March 27 for failing to stop at a stop sign and was charged with driving without a license. After he was booked into the DeKalb County Jail, officials discovered an immigration detainer and transferred him to ICE custody on March 29.
Rios, a junior at Dunwoody High School, has lived in the United States since he was 4 years old. However, immigration officials say he has had a final order of removal on file since 2015.
His family said they were unaware of that order until his recent arrest. His mother, Kelin Rios, previously told FOX 5 Atlanta that the situation has been difficult.
"It’s been very hard, very hard. Being without him has been very hard," she said.
The family said Rios was brought to the United States from Honduras as a young child while they were seeking asylum due to a violent domestic situation. His mother said a move from Florida to Georgia caused her to miss important legal notices tied to their immigration case.
"He doesn’t know Honduras. He only has some memories, but he doesn’t remember a lot," she said.
In a previous statement, an ICE spokesperson said the agency is enforcing existing immigration law and noted Rios entered the country in 2014 and was issued a final order of removal the following year.
What they're saying:
Attorney Alexandros Cornejo filed a Form I-246 requesting that ICE consider allowing the student to remain. The attorney told FOX5 he included letters of support from community members and lawmakers. However, the request was denied.
In the decision letter, Atlanta ICE Field Office Director Ladeon Francis wrote, "granting of such discretionary relief is not sufficiently warranted."
Francis also said appealing the decision wasn’t possible.
"That letter is a death sentence for that child," Cornejo said.
What's next:
Officials said previously he will remain in ICE custody pending removal. It is unknown at this time when that will happen.
Cornejo said the only way Axel can stay is if a judge approves a motion to reopen his immigration case.
However, Cornejo shared that ICE can still deport the teen before that happens.
He fears what will happen to Axel if deported to Honduras.
"His father was convicted for being an MS-13 member. There are people waiting for him over there, and I can’t even imagine what would happen to this kid if he gets sent to this country," Cornejo said.
ICE officials have not confirmed the denial to FOX 5.