An artist who was snatched by ICE on the way to pick up his four-year-old daughter and held in custody for 63 days has had the case against him dismissed by a judge.
Guilherme “Gui” Lemes Cardoso E Silva’s wife told the Daily Beast that he was “ambushed” by agents in an unmarked car while driving—on a valid license—close to his home on San Juan Island, which is in Washington state near the Canadian border.
While the Brazilian was in custody, ICE agents went though his phone and claimed to have found two illicit images. He was charged with possessing depictions of a minor engaging in sexually explicit conduct in the second degree and sexual exploitation of a minor.
Those charges were dismissed without prejudice on Oct. 6, four days before the birth of his child, Isidore.
Silva’s wife, Rachel Leidig, did not immediately respond to the Daily Beast’s request for comment, she has also previously denied the claims made against him.
Leidig announced on Instagram this week that the charges against her husband have finally been dismissed.
Leidig explained to the Beast at the time of his arrest, that Silva had no criminal record and was in the U.S. working as an artist with a valid driver’s license. She also said he has a Social Security number and a work permit thanks to his first marriage. She said he was going through the final stages of obtaining a green card for the second time when he was detained.
Leidig, who was heavily pregnant at the time, speculated that the immigration case at the heart of this matter may have been caused by a tip to ICE to harm his chances in a custody battle Silva was involved in. She told the Daily Beast that she knew of no other reason that ICE would detain her husband.
“Everyone needs to be made aware that they’re being lied to [by the Trump administration],” she said. “They’re not just getting criminals, they’re getting people just to get their numbers up. And it’s not just that they’re ruining people’s lives—they’re ruining families.”
The case against Silva revolved around his phone, which was taken during his arrest in July. Silva agreed to an interview without a lawyer and signed a Department of Homeland Security form granting agents access to the phone’s contents, according to a probable cause statement obtained by People.
A special agent from Homeland Security Investigations alleged that during the search of Silva’s phone, five images were found that brought the now-dismissed case.
“Our attorney informed us after the hearing that the criminal case in Washington state had been dismissed by prosecution, and all charges dropped,” Leidig wrote on Instagram.
Authorities, however, are still investigating the case and could charge him again, according to People.
“This case was dismissed without prejudice to allow time for the investigation to be completed,” the outlet reported Whatcom County Prosecuting Attorney Caleb Nagel stating in a statement, adding that “charges could be refiled in the future based upon a review of all the evidence after a full investigation.”
Leidig also revealed on social media that Silva had been released from jail on personal recognizance on Sept. 12, 63 days after being detained. She wrote that he had been “held without evidence” and on “unsubstantiated allegations.”
“I flew up to be at the hearing, waited for my husband to be released and hurriedly drove the 14 hours to CA, scared and grateful the whole way,” Leidig wrote.
Leidig explained that she’d been advised to keep her Instagram followers in the dark as the case progressed: “[We] were advised to lay low, not to post anything & be vigilant of our surroundings for fear of what is going on in this country, and the corruption we’ve lived through.”
“We are still in the middle of our immigration case, but we are together,” she added. “We love you all and are so grateful for the love and support you’ve poured into our family and hearts. Thank you, endlessly.”
She celebrated his birth with the acknowledgment that her husband was was home safe for it, writing on Instagram: “Introducing Isidore Seay Leidig-Lemes born 10/10/25 8:02pm 7.9 lbs 19.” Brought into this world with both of his parents by his side, family, lots of love, and gratitude that we could all be together. One day before his Daddy’s birthday on 10/11, looking like his daddy’s mini-me.”
The post Judge Dismisses Case Against Artist ‘Ambushed’ by ICE appeared first on The Daily Beast.
