An immigration judge on Tuesday denied a bond request for a D.C.-area baseball coach whose arrest by immigration agents last month prompted community outcry.
Amaury Monsalve was detained by U.S. Immigration and Customs Enforcement last month after D.C. police stopped the Uber he was driving and arrested him, along with several passengers, after discovering open containers of alcohol, drugs and a firearm in the car, according to a police report. Prosecutors declined to pursue criminal charges, but by then the immigration judge overseeing Monsalve’s case ordered him deported. He remains in ICE custody in Louisiana.
Monsalve, originally from Venezuela, moved to the United States in 2003 and became a lawful permanent resident three years later. ICE officials moved last year to revoke his status, alleging that he lied on immigration paperwork to illegally obtain a green card, the agency said in a statement. Monsalve’s wife, Aniushka Monsalve, said the lawyer who prepared his green card documents years ago did not disclose he had a son with her. Monsalve, who spoke limited English at the time, signed without realizing the error, she said.
Immigration Judge David A. Gardey’s decision Tuesday came after dozens of players and their families submitted letters advocating for Monsalve’s release. Ava Benach, Monsalve’s attorney, said in a statement that she would appeal the judge’s decision and “continue to fight this gross miscarriage of justice against Mr. Monsalve.”
The judge “demanded evidence of innocence beyond the fact of the refusal to charge,” Benach added.
Known as “Coach A” to his baseball players at Alice Deal Middle School in Northwest Washington, Monsalve had become a fixture in the community, families said. He also drove for Uber and Lyft and as a private chauffeur to earn extra money.
In his ruling, Gardey said that while he acknowledged the “significant” community support for Monsalve, “the court weighs more heavily the fact that there’s a removal order and that the respondent made intentional false statements in the course of seeking immigration benefits.”
Gardey also said that despite prosecutors’ decision not to bring charges, Monsalve had not provided sufficient evidence that he did not commit a crime. “Given these circumstances and the lack of any evidence, the court cannot find that he is not a danger to the community,” Gardey said.
Monsalve’s family said he had nothing to do with the illicit material found in the vehicle he was driving.
“Our family is deeply disappointed that Amaury will remain separated from his wife, his sons, and the community he has served for more than two decades while his immigration proceedings continue,” his family said in a statement Tuesday afternoon.
Benach argued in the hearing that Monsalve’s lack of criminal history, community support and his deep ties to the area justified release.
“I don’t think you’re going to see too many other cases with a breadth of support from the community that we have seen for Mr. Monsalve,” Benach told the judge.
“We are grateful for the compassion and encouragement shown to our family,” the family’s statement said. “Our hope remains that Amaury will have a fair process and an opportunity to return home.”
In the aftermath of Monsalve’s detention, baseball families and the community in Northwest Washington, where he has coached various baseball teams, came together to raise awareness of his case. Students have widely shared a fundraiser, which had amassed nearly $90,000 as of Tuesday morning, to ease the financial burden of Monsalve’s family.
Eight of Monsalve’s current and former players at Alice Deal Middle School spoke to The Post about him. They described Monsalve as a caring and compassionate figure who has made them better baseball players, as well as better people.
“I don’t understand why our society is removing these people or taking these people when we should be thankful for them,” said 14-year-old Lucas Sheehy. “I’ve known immigrants all throughout my life, and all I can say is they’ve had positive impacts towards my life.”
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