Local soccer dad and undocumented immigrant Gerardo Nava, who drew community support when he was brought to court, is now confined at an ICE facility near Las Vegas.
His attorney says right now, he’s in a waiting game to find out what date he is scheduled to appear in a courtroom.
As we’ve reported Nava was charged last year with Identity Fraud and appeared in Third District Court about two weeks ago. Under a plea bargain, he was given a year on probation, but had to be handed over to Immigration and Customs Enforcement.
He was transported to a detention facility in Henderson, Nevada. Speaking to us before the weekend, his attorney Daniel Black said they are at the mercy of the court, but this isn’t unusual.
Black said they’re waiting to see what date is set for what’s called his Initial Master Calendar hearing and bond hearing.
He said a date will probably be scheduled this coming week.
“They unfortunately only give us maybe two- or three-days’ notice," Black continued. "Sometimes a little longer, but we're checking every day the immigration court hotline to find out when that gets scheduled. So that we can file packet with the immigration court with evidence showing he should be released on a bond and requesting for there to be a bond amount set, so that it can be paid here and then he can be released and come back to Park City.”
He said the facility has perhaps 200 beds. The inmates will customarily not even be transported to court but will appear on video.
“Depending on if we have enough time and the resources of the family, we may or may not be able to travel down there and be physically in court for that hearing," Black explained. "If not, we’ll do it over the telephone. So, we would be over the phone, and Mr. Nava would be over video. We would be arguing to the judge that way, that he should be released on bond.”
He said Nava is allowed one phone call a day, but the facility isn’t very good about allowing calls from the outside world to him.
“I believe he's called us once but when we call in, they typically say well you know if he has money on his account he'll call you," Black said. "So no, they’re not very good about it. Even as attorneys having access to our client.”