A deaf Mongolian asylum seeker detained for months in Southern California without access to a Mongolian Sign Language interpreter has been released from federal immigration custody, his family confirmed to local media.
The man, identified as "Avirmed" at his family's request due to concerns of retaliation by the Mongolian government, had been held at the Otay Mesa Detention Center since February.
His release came after a federal judge ruled that U.S. Immigration and Customs Enforcement (ICE) violated his civil rights by failing to provide an interpreter, thereby preventing him from meaningfully participating in his asylum proceedings, as Cal Matters reports.
Judge Dana Sabraw of the U.S. Southern District of California ordered ICE on July 9 to provide Avirmed with a Mongolian Sign Language interpreter and redo two key assessments—the first evaluating his mental health, the second assessing whether he has a credible fear of returning to Mongolia.
"How can he meaningfully participate if he doesn't know what's being said and he cannot communicate?" Sabraw asked Assistant U.S. Attorney Erin Dimbleby at the time, to which Dimbleby answered that many people don't fully understand the legal proceedings in immigration court.
Sabraw then sided with Avirmed's attorneys, who claimed that the 48-year-old man was likely unable to understand what was happening during earlier proceedings. Therefore, the attorneys said, proceedings should be repeated with an interpreter and in a language he understands.
"He has a right, doesn't he? To be able to fully participate in any significant proceeding?" Sabraw asked Dimbleby.
According to court filings, Avirmed fled Mongolia after being assaulted in 2020 due to his disability, which left him with a traumatic brain injury, seizures, and memory loss. Despite informing border officials of his disability and intent to seek asylum through a translated letter, his attorneys allege that U.S. Customs and Border Protection agents refused to read or accept the document.
Avirmed was transferred to ICE custody and subjected to interviews and evaluations without an interpreter. Officials attempted to use Google Translate to communicate with him, resulting in significant misunderstandings—including misidentifying his sponsor as a daughter named Virginia Washington. He does not have a daughter; his actual sponsor is his sister, who lives in Virginia and confirmed this week, "He is home with me."
His attorneys, led by the Disability Rights Legal Center and Disability Law United, argued that the government's failure to provide language access violated federal disability laws that prohibit discrimination in federal programs. "He's basically been in solitary confinement," said Alegría De La Cruz, one of Avirmed's attorneys.
ICE has not commented on the release, and it remains unclear why Avirmed was freed without a new bond hearing.
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