‘To the Gates of Hell’ One Dallas Lawyer Was Willing to Go in Federal Habeas Fight Over ICE Detention
Charles Gearing felt an itch last summer to get more involved in pro bono work. The healthcare litigation lawyer at Weaver Johnston Nelson in Dallas found a project that advertised a limited scope — helping detained noncitizens apply for bond — that seemed like work that required less lawyering than sleuthing and logistical hustle, or so Gearing thought. He took on the case of Pedro Romo Navarro, a Mexican citizen living in Dallas for the past three decades who was facing deportation after being stopped by police for riding a bicycle without a front light.
What began as a seemingly simple bond request plunged Gearing into a nationwide legal and political controversy over the detention of longtime U.S. residents with no criminal records, often for months at a time in unsanitary facilities and without the opportunity for a bond hearing. Lawyers argue that these detentions violate the Immigration and Nationality Act and constitutional due process rights.


