Detained by ICE, Ventura County Mixteco leader files petition for asylum

A popular Oxnard community leader who was detained by federal immigration agents appeared in immigration court Tuesday and filed a petition seeking political asylum. 

Luis Lopez-Diaz, who is known in the indigenous Mexican Mixtec community as Raul Gomez, appeared before Judge Scott Laurent at the Los Angeles Immigration Court about three weeks after he was arrested outside his Oxnard apartment by U.S. Immigration and Customs Enforcement agents.

Lopez-Diaz, dressed in bright yellow jail garb, appeared in court with his attorney Vivian N. Szawarc, who asked the court to lower the $12,000 bond requested by U.S. Department of Homeland Security officials.

Sydney Pomykata, assistant chief counsel with the U.S. Department of Homeland Security, said Lopez-Diaz was a flight risk because he has been caught crossing the border by authorities five times since 2007. 

Laurent, however, set the bond at $3,000 since Lopez-Diaz has no criminal record. 

Lopez-Diaz, 36, is a board member of the Mixteco/Indigena Community Organizing Project, or MICOP, which provides support and outreach for Ventura County's Mixtecs, an indigenous population primarily from the Mexican state of Oaxaca.

According to ICE spokeswoman Virginia Kice, Lopez-Diaz was detained Aug. 29 during a "targeted operation" at an apartment complex in Oxnard. Agents were searching for another individual in the country without legal authorization who has a prior child abuse conviction. Agents also questioned Lopez-Diaz and found he did not have lawful status to live in the U.S.

The agents detained the Oaxaca native. 

When asked by the judge if he has been using the name "Raul Gomez," Lopez-Diaz responded, nodding and through a Spanish court interpreter said, "Yes, when I came to the border ... and I apologize for that, sir."

Read more:Community demands release of Mixteco leader arrested by ICE

Members of the community and MICOP leaders said "Don Raul" is a business owner who has become an important leader in the Mixteco community. Genevieve Flores-Haro, MICOP associate director, said that when ICE agents arrested Lopez-Diaz, he was on his way to start his day at his tree-trimming business.

Before Tuesday's hearing, more than 20 MICOP members and other Ventura County residents and activists carried signs and rallied in front of the federal Immigration Court building at 300 N. Los Angeles St. The protesters held up colorful signs that said, "Release Raul" and "We Stand With Raul."

Meanwhile, inside the courthouse on the fourth floor, Szawarc handed the court a petition requesting political asylum for Lopez-Diaz. 

In an interview after the hearing, Szawarc said many Oaxaca natives such as Lopez-Diaz flee Mexico for their safety.

"Many of the indigenous people in Oaxaca face discrimination and suffer persecution," she said. 

After agreeing to lower the bond to $3,000, Laurent ordered Lopez-Diaz to appear back in court Oct. 12 if he is unable to post bond.

Arcenio J. Lopez, MICOP executive director, said an anonymous donor "stepped in" after Tuesday's hearing and agreed to post Lopez-Diaz's bond. Since his arrest, Lopez-Diaz has been in ICE custody at the Theo Lacy Jail facility in the city of Orange.

On Tuesday, Lopez-Diaz was among eight men who appeared before Laurent. Most of the men, all wearing jail clothing and with their hands in cuffs, did not have an attorney. 

Szawarc said once her client posts the $3,000 bond, he will be allowed to remain free and must wait for another court date to appear in front of another immigration judge. As a condition of his release, Lopez-Diaz must call and check in with the Intensive Supervision Appearance Program.

Community members who gathered outside the federal court building on Tuesday in support of Lopez-Diaz said they are not giving up hope. Arcenio J. Lopez said leaders such as Lopez-Diaz who speak up against atrocities imposed on the indigenous population in Mexico are often mistreated and targeted. Many flee to America for safety and to start a new life, he said.

He said that during a recent jail house conversation, Lopez-Diaz told him there were many indigenous people at the Orange County jail who are confused and don't understand how to obtain an attorney or how to navigate through the legal system.

MICOP members have set up a petition in support of Lopez-Diaz and a legal defense fund. While Lopez-Diaz has many friends and some family in Oxnard, he does not have any immediate family in the U.S., Arcenio J. Lopez said. 

"The judge's decision really surprised us, and I know it's because of all the support (Lopez-Diaz) is getting, and we really appreciate that," he said. "The next step is we will be continuing to work (with him) once he is out and we will follow him pretty closely and see what his lawyer will say about his case. 

"We will be working with (him) to learn more about what it means to be inside the facility because he told us there are many of our people, the Mixtecos, who may not know their rights... and how to advocate for themselves. He will be key for us to reach out to other individuals and support them."