Venezuelan migrant accused of being a Tren de Aragua member is released from Adelanto

After being identified as part of the Venezuelan opposition, José Mendoza, 27, suffered persecution to the point that he was forced to flee his country nearly two years ago. While he knew that migrating to the United States would be difficult, he never imagined that tattoos t honoring his daughter would be the reason why he spent more than seven months incarcerated. 

Mendoza–whose real name is protected for his safety–left Venezuela in a caravan on October 23, 2023 leaving behind his, then five-year old daughter, mother and siblings. 

“The most difficult part was crossing the jungle. It usually takes from two to three days, but for us it took us six days because of the bad weather,” said Mendoza. “I knew I could lose my life on the way, but I had no other option; it was not any better [in Venezuela].” 

Once in Mexico he learned about the application CBP One, which allowed him to apply for asylum in the United States. He patiently waited for nine months for his interview appointment. 

He was called to appear at the San Ysidro border on October 21, 2024. However, after the appointment, he was transferred to several detention centers for the next seven months. 

Despite no evidence, Mendoza was identified as a member of El Tren de Aragua, a criminal gang from Venezuela, because of the tattoos he has on his arm.

He said the tattoos of a rose and a clock are to honor his daughter, including when she was born. These explanations were not enough for immigration officials and they incarcerated him.  

He noted that the incarcerated population is mixed., with migrants, like him, who were detained, and as well as others serving 10 to 15 years in prison for federal crimes. 

“When they register you, they give you a name and uniform according to how dangerous you are,” said Mendoza. “Then they tell you, ‘you’ll go to a section where there are people like you,’ meaning they are gang members and criminals, but they never had fair arguments that I’m a criminal.”

Mendoza feared for his life during his time behind bars. He was in shock knowing he was identified as a dangerous gang member when he didn’t have anything to do with gangs in his country. 

“And the reality is that we [immigrants] are very different [than the criminals] because we are trying to do everything by the book,” he said.

He was part of a group of Venezuelans that was about to be sent to El Salvador’s maximum security prison, CECOT. Mendoza said he was concerned that he would end up with some of the most dangerous criminals and terrorists in the world. 

However, when his flight was close to departing, there was a federal injunction in the United States that prevented sending more immigrants to El Salvador. He was then sent back from Texas to the High Desert Detention Center in Adelanto, California. 

Looking for options

During all this time he was detained, Mendoza never stopped looking for help. He was given a list of legal representation and it was difficult for him to find pro bono services until he came in contact with the Inland Coalition for Immigrant Justice (IC4IJ) in mid-May of this year. 

Benjamin Wood, legal director of IC4IJ and Mendoza’s legal representative, said the case was very strange from the beginning because the number wasn’t appearing on the automatic Case Information System on the court's website.

After figuring out a way to find the case, he was able to meet with Mendoza and when he heard the story about the seven months of incarceration because of the tattoos, he became concerned since the next step would be to send him to CECOT.  

“I was afraid that they're going to invoke the Alien Enemies Act, because people who are in his same exact situation have been sent down there and are down there and are trying to get out, and there's no way to appeal, there's no judicial review, nothing,” said Wood.

Wood explained that the Department of Homeland Security (DHS) has training materials, including photographs, that they use internally to identify certain tattoos and they assert, without any evidence, that these are symbols affiliated with El Tren de Aragua. 

Wood commends Mendoza for the hard work and the self-advocacy in a different country and with different laws and regulations. Mendoza was able to find assistance from Casa Marianella in Austin, Texas, which provides shelter and sponsorship to people who don’t have any relatives or friends outside of detention. They sent him a letter stating he would have a place to stay. 

Thanks to the pro bono legal representation by IC4IJ, Mendoza was released with an ankle bracelet on Wednesday from the detention center in Adelanto, CA.. He has a hearing on June 11, and while he’s fearful he may be deported, he said he will show up because he is following all the rules.  

Wood said, despite all “flagrant constitutional violations and fascist behavior” at the highest levels, the rule of law still matters. 

Mendoza was able to prove that the clock tattoo has the exact time of when his daughter was born, and his family and friends sent letters stating that he was a good member of the community. He even received letters of recommendation from his past employer in Venezuela, plus his clean record, which showed he didn’t have any criminal record. 

“Evidence still matters in some of these courts,” said Wood. 

Currently, IC4IJ is seeking donations to help Mendoza  to Texas and obtain legal representation. As for now, he has Casa Marianella as his potential primary residence.

“I'm just really hoping that Casa Marianela will be able to find some legal representation for him, because he's advanced so far in his case that it should be relatively easy for somebody to step in and successfully finish off the asylum arguments,” said Wood. “But it's going to be very crucial for him to have legal representation, especially if they try to invoke terrorism-related grounds.”