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Nov 17, 2016 9:45 AM

Release of NH man - facing deportation after DUI arrest - in hands of Boston judge


A Manchester man is awaiting a Boston judge's decision regarding his New Hampshire incarceration that resulted from a DUI arrest.

READ: NH man faces deportation to country he left when he was 7 after DUI

Lawyers for Daniel Aguirre, 23, met with Judge Paul Gagnon on Wednesday to argue for his release.

Aguirre has legal status in the United States through a federal act after he arrived in the country as a 7-year-old boy from Columbia. His immigration status was placed in jeopardy after a DUI arrest in Bedford in March of this year.

Mesa said the charges have been dropped by police but "because that police report still exists, the Department of Homeland Security is stating that because of his DUI actions, he's a danger to the community."

Based on his arrest, Aguirre was detained by ICE in Strafford County Jail in Dover.

Mesa, said Thursday that Gagnon, who is a federal immigration judge, heard testimony from Mesa and Aquirre's criminal defense attorney Adam Bernstein on Wednesday. During the questioning, Mesa said Aguirre had to answer questions from Homeland Security.

"Based on all those questions , and answers, the judge is reviewing everything and will make a determination within two weeks whether he will be released or not," Mesa said.

Mesa said he talked with Aguirre on Wednesday and said Aguirre was "upbeat."

"He felt good about the hearing. He felt a lot of facts were presented yesterday," Mesa said. "It's really a very indecisive period of his life. Whatever the judge decides it will be the right decision."

"One thing to note is he's not a bad hombre," Mesa said Thursday. "He's not a gang banger. It's just a DUI. There was no property damage, no one was hurt. There is no domestic violence. There are no drugs involved here. He's a good kid."

President-elect Trump's vocal position on immigration has brought discussions about deportation to the forefront.

"It's a hot-button issue," Mesa said. "I don't know what will happen with the DAPA (Deferred Action for Parents of Americans) kids. A lot of people have hired these kids with work permits. What's going to happen with all of these companies' workforce if Trump on Day 1 decides to rescind Obama's executive orders?"

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