Sergio Avila Rodriguez was detained last week and released on Monday.
Sergio Avila just arrived. Watch his emotional reunion w/ his brother, mother and husband @USArmy Chaplain Tim Brown. Sergio’s deportation to Honduras 🇭🇳 is stalled pending a courts decision on his appeal. #ABC11 @GOaLLGBTQ @timbslim #Raleigh @RDUAirport https://t.co/TXcMFv7BJv pic.twitter.com/fLsDTQ8owh— Tim Pulliam (@TimABC11) May 15, 2018
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He has been in the country since he was 6 years old and married US Army Chaplain Tim Brown in 2017.
It was 2001 when he escaped from Honduras. A year later, he was ordered by a federal judge to leave the U.S., but he never did.
Since then, Brown and Rodriguez say they have received several waivers to delay his deportation.
However, in April, Rodriguez was encountered during a targeted enforcement raid in Raleigh and was instructed to report to the Charlotte office.
When he reported to the office in May, he was taken into custody "due to his status as an immigration fugitive and convicted criminal alien."
That's because, according to ICE, Rodriguez was convicted of Driving While Intoxicated in Durham County in January 2015.
Brown says Rodriguez was released based on a waiver. But ICE says that's not true. Immigration officials say the agency released Rodriguez due to an appeal that was filed on his behalf, which the courts will now have to consider.