Pentecostal Singer Faces Deportation to Guatemala, Family weighs Future
An immigration judge’s ruling on Tuesday, January 23, 2024, mandates that Delmar Gomez, a Pentecostal Christian singer and father of four U.S. citizen children, must leave the United States by January 26, 2024. The decision,delivered by Immigration Judge Maithe Gonzalez,rejected a plea to cancel deportation based on the notable hardship his departure would inflict on his family.
According to Skye Austin, Gomez’s attorney wiht the advocacy group Latino Memphis, the judge did allow Gomez to voluntarily depart the U.S., avoiding a formal deportation order. “He has stated that he wants to see his children quickly, and that he is ready to get out of there,” Austin said. “So, me and my team, we’re going to work as fast as we can to make that happen.” the attorney anticipates Gomez will be released from an immigration detention center in Louisiana once arrangements are made for his return ticket to Guatemala, allowing a temporary return to Memphis to say goodbye.
Gomez has chosen not to appeal the ruling, acknowledging the realities of current immigration law. “We always prepare our clients for the worst, and then we do our best to get a positive outcome,” Austin explained. “I was hopeful for the best, and the best just didn’t happen, and regrettably, that’s the reality of immigration law right now.” Though, the voluntary departure status could benefit Gomez in the future, as it avoids a formal order of removal, potentially allowing his oldest daughter to petition for his return on
language is Mam, an indigenous language different from the Spanish spoken by the Gomez family. Despite these arguments, the judge persistent that the hardships faced by the children did not meet the “extreme and unusual” legal standard required to halt the deportation. “As I understand it, she said that the children would not experience extreme and unusual hardship upon the father’s return to Guatemala – that essentially, the hardship that I presented, the evidence and the testimony that was given did not rise to the legal standard of extreme and unusual,” Austin explained.
The arrest of Gomez garnered significant community support, with austin collecting 46 letters of support from pastors, neighbors, and teachers – a remarkable number compared to the five to ten she typically receives in similar cases. This outpouring of support stands in stark contrast to a Department of Homeland Security (DHS) news release from October 20, 2023, which initially portrayed Gomez as one of 11 “worst of the worst” criminal immigrants in Memphis, alleging an aggravated assault charge.
However,the DHS release contained significant inaccuracies. gomez was initially misidentified as “Miguel Torres” and, in a subsequent version, was falsely described as a drug dealer and vehicle thief from Mexico. During the hearing, austin challenged a government-submitted form alleging gomez’s involvement in an aggravated assault, pointing out inconsistencies in the provided information. The DHS has continued to publicly maintain the claim of an aggravated assault charge, even editing its October 20 news release following initial reporting by The Institute for Public Service Reporting and WKNO.
An self-reliant review by The Institute found Gomez’s record contains only driving-related offenses, including a 2013 incident involving a burned-out brake light and driving without a license and insurance. Austin confirmed a total of six driving offenses over nearly two decades. The judge reportedly did not place significant weight on these traffic violations.
Gomez entered the U.S.illegally in january 2005 at the age of 17, but his wife maintains he has lived a law-abiding life since then. He is a singer with Agrupacion Vision Emanuel,a band that performs at Pentecostal Christian churches nationwide. His younger brother, Eber gomez, also a singer, was arrested alongside him and has already been deported to Guatemala.
The Gomez family’s story underscores the complex realities of immigration law and the profound impact deportation can have on families and communities.
This story is brought to you by MLK50: Justice Through Journalism, a nonprofit newsroom focused on poverty, power and policy in Memphis. Support independent journalism by making a tax-deductible donation today. MLK50 is also supported by these generous donors.
Got a story idea, a tip or feedback? Send an email to [email protected].
