Leonel Armando Bolivar Linares, a 29-year-old St. Johns County School District custodian, has been in ICE detention for three months after being stopped on his way to work in August.
His parents say bond has been denied twice. He has lost 30 pounds. And he is held at a facility in New Mexico, far from his family in St. Johns County.
"The greatest thing I've ever had in my life is my son," his mother, Diana Linares, said in translated comments to Action News Jax.
Bolivar Linares, originally from Venezuela, worked as a custodian at Trout Creek Academy. He was detained while driving to the school. Sources disagree on the exact date. His union president said he was stopped Aug. 5, while a family fundraising campaign and News4Jax listed Aug. 6.
He was initially held in Florida before being transferred to a detention facility in New Mexico, according to court records cited by News4Jax.
Bolivar Linares entered the United States through Miami International Airport in February 2023, according to First Coast News, citing ICE. He was granted Temporary Protected Status (TPS) that year, but TPS for Venezuelans expired late last year. He had a pending asylum application and a work permit.
ICE said Bolivar Linares "does not have legal authorization to remain in the United States" following the TPS termination, according to First Coast News.
His family and union say he had no criminal record and a steady job. Both bond requests were denied, his parents told Action News Jax.
On Nov. 1, U.S. District Judge James Klindt in Jacksonville ordered that Bolivar Linares receive an individualized bond hearing or be released within seven days. The order granted his petition claiming that mandatory detention without a bond hearing violates the Immigration and Nationality Act, News4Jax reported.
The hearing happened within four days of the judge's order, according to Bolivar Linares' father. Bond was denied again because he was considered a flight risk, Action News Jax reported.
His family disputes that characterization.
"Where are we going to escape? If we are afraid to return to Venezuela...," Diana Linares said.
Charlena Retkowski, president of the St. Johns Educational Support Professional Association #7462, called for his release in August. The union said Bolivar Linares' work visa was legitimate, according to St. Johns Citizen.
"We understand that Leonel has no criminal record and was in the United States seeking asylum with a valid work permit, with additional paperwork pending," Retkowski said in a letter.
His family created a fundraising campaign to cover a potential immigration bond, attorney's fees and other legal expenses.
The St. Johns County School District said in August that ICE did not alert the district about the detention. "This is a situation out of our purview, did not take place on a school campus, and we have no legal authority over ICE," the district said, according to St. Johns Citizen.
In an interview with Action News Jax, Diana Linares looked through family photos in her living room, where she and her son's dog, Scrapy, wait for him to come home.
The family is consulting with an immigration attorney on next steps, Action News Jax reported.

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