Tom Pappert, lead reporter at The Tennessee Star, said a federal habeas corpus filing on behalf of Colombian journalist Estefany Rodriguez Flores is unlikely to succeed, calling it a “waste of time” as a rapid appeal by U.S. Immigration and Customs Enforcement (ICE) keeps her detained following a bond ruling.
Rodriguez Flores, the Colombian journalist working for Nashville Noticias who was detained by federal immigration authorities, will remain in custody after ICE quickly appealed a bond decision in her case.
On Tuesday’s edition of The Michael Patrick Leahy Show, Pappert described the rapid sequence of events following Rodriguez Flores’ first immigration court appearance on Monday since her March 4 arrest.
“During this bond hearing, the judge at the end of the day granted her bond, a $10,000 bond, but ICE actually appealed this decision within hours and by the black and white letter of the law… it is automatically stayed,” Pappert said.
Because ICE filed its appeal within one business day, the bond order is paused under federal procedure, meaning Rodriguez Flores will remain detained while the Board of Immigration Appeals reviews the case.
“So now Rodriguez Flores will remain in ICE custody until the Board of Immigration Appeals makes its decision, or for 90 days, whichever should expire first,” Pappert explained.
Pappert went on to detail that the case is now unfolding along two separate legal tracks, which is immigration court proceedings and a federal habeas corpus challenge.
“Meanwhile… her impressive legal team and growing legal team is going to be back in court today in U.S. District Court where her habeas corpus lawsuit has its first hearing scheduled,” he said.
However, Pappert expressed doubt that the federal court will intervene while immigration proceedings are still ongoing.
“I think this is frankly a waste of the federal court’s time,” Pappert said. “The habeas corpus petitions are essentially… for when the immigration court due process avenue has concluded.”
“I don’t know what Judge Eli Richardson could do today other than sit there and try not to lose his patience,” he added.
A central issue in the case involves Rodriguez Flores missing two scheduled ICE appointments earlier this year. Pappert pointed to an affidavit from her husband suggesting her legal counsel advised against contacting the agency after the first missed meeting.
“According to this affidavit, the lawyer called his client and said, ‘don’t worry… don’t contact them. We’re going to wait a couple weeks and see if they send another letter,’” Pappert said.
He contrasted that advice with the instructions in the ICE notice.
“That call-in letter specifically says… ‘if for any reason you could not make this appointment… return this letter with your written explanation,’” he said.
Pappert said those missed appointments likely contributed to ICE moving forward with enforcement action and her subsequent arrest earlier this month.
“In my mind, the lawyer gave her some really bad advice,” he said.
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Kaitlin Housler is a reporter at The Tennessee Star and The Star News Network. Follow Kaitlin on X / Twitter.
