Just after 11 a.m. Friday, attorney Wismick Saint-Jean, and his paralegal and Haitian Bridge Alliance co-founder Wister Gaetan entered a sparsely filled 12th floor courtroom inside the United States Courthouse downtown.
KPBS was there as Saint-Jean argued his case for the release of his client, Renatho Kemsley Casseus, during a ‘habeas corpus’ hearing.
“A federal ‘habeas corpus’ simply asks whether the detention is legal, and two, whether the government has the right to hold someone like Renatho in detention indefinitely,” Saint-Jean said.
After a few minutes of oral arguments, United States District judge Cynthia Bashant granted the petition and ordered the release of the 20-year-old college student.
“Today I'm very excited, I’m very happy to get this good news from the judge who agrees with us that Renatho should be released immediately,” Saint-Jean said.
The attorney stood outside of the courthouse just after the ruling was made. He said Casseus was not on-site but still being detained at a separate facility.
“Renatho should be home tonight with his family,” Saint-Jean said on Friday.
Casseus’ arrest took place over a month ago, Sept. 8, as he was on his way to classes at San Diego City College.
Since then he has been detained at Otay Mesa Detention Center.
His arrest sparked an outcry from fellow students, the larger Haitian community and other concerned San Diego residents.
Geatan said Casseus’ arrest is one of many cases that has targeted Haitians following the end of Temporary Protected Status by the Trump administration, in late July.
He said it's created a chilling effect on their community.
“I hope the community sees the victory in this case as a step toward due process and justice,” Gaetan said.
Casseus was previously denied bond before an immigration judge. Friday's hearing was a federal 'habeas corpus' petition.
A Department of Homeland Security spokesperson previously told KPBS that Casseus was a Haitian immigrant in the country illegally.
"He illegally entered the U.S. on May 12, 2023, through El Paso, Texas, and was released into the country by the Biden administration,” their written statement said.
Saint-Jean said the entry date is correct.
However he disputes the claim his client's entry was illegal. He said Casseus entered with a CBP One appointment and an I-94 parole document.
Saint-Jean said Casseus’ application for asylum is still pending, and Friday’s ruling should allow that process to proceed.
In the aftermath of the Sept. 8 incident, the San Diego Community College and its College District announced changes to strengthen its response to immigration enforcement.
That includes the use of text alerts when federal immigration officials come onto campus, and expanded counseling and legal support services for students. The district also said it raised funds to help pay Casseus’ legal bills.
“Today, City College is filled with joy, gratitude, and hope as we celebrate the pending release of our student, Renatho Casseus, from immigration detention,” said City College President Ricky Shabazz. “We stand firm that ICE and Homeland Security should not be in our communities impacting the education of our students.”
The College District said it continues to advocate with congressional representatives for legislation that “would prevent immigration enforcement activity at education, medical, and religious facilities, and other sensitive locations.”
