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Guatemalan immigrant detained at restaurant, wife fights for his release in federal court

Jul 14, 2026 · Weston, WV, Guatemala

Guatemalan immigrant detained at restaurant, wife fights for his release in federal court

Erick Lionel Cristal Cumes, a Guatemalan immigrant, was detained by ICE on May 28 at Don Patron Mexican Grill in Weston during a raid that also resulted in the detention of more than a dozen other employees. He has been held at Moshannon Valley Processing Center in Pennsylvania since his arrest. Cumes is married to Lauren, an American-born citizen whom he married in April; they have been together four years. His attorney argues ICE violated his constitutional rights by detaining him without individualized assessment of flight risk or danger to the community. A federal judge ruled Cumes is entitled to a bond hearing and that his continued detention would be unlawful if the government cannot prove he poses danger or flight risk, with a bond hearing ordered by July 14. Over 50 community members appeared in federal court on June 25 to support Cumes, testifying he is a member of the community in good standing. Lauren testified about poor detention conditions including spoiled food and lack of responsiveness to requests for help, stating she is allowed contact with her husband about once per day. His attorney also argued the case should remain in West Virginia court rather than be transferred to Pennsylvania, contending that transfer could delay resolution of his case.

Timeline

Jul 14, 2026Bond hearing ordered by federal judge to determine if Cumes poses danger to community or flight risk
Jun 26, 2026U.S. District Court Judge Thomas Kleeh takes venue question into advisement without ruling
Jun 25, 2026Federal court hearing held on Cumes' habeas corpus petition; over 50 community members testify in support; wife Lauren testifies about poor detention conditions and limited contact with husband; judge takes matter into advisement regarding whether case should remain in West Virginia or transfer to Pennsylvania
May 28, 2026Erick Lionel Cristal Cumes detained by ICE at Don Patron Mexican Grill in Weston during a raid; transferred to Moshannon Valley Processing Center in Pennsylvania

Sources

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