SUFFOLK, Va. — The undocumented immigrant from Guatemala seen being tackled and punched by U.S. Immigration and Customs Enforcement Officers in a viral video is set to fight for his ability to stay in the country.
An ICE spokesperson told WTKR on Monday that Victor Alfredo Perez Martin had accepted voluntary departure after being taken into custody on July 6.
However, James Reyes — Perez Martin's attorney — said this voluntary departure acceptance was taken back as they gear up for an upcoming court appearance.
"We've requested that notice to appear in immigration court be issued for him so that he'll have a chance to fight his case in immigration court and he'll have the opportunity to present his case in front of an immigration judge so that a decision can be made regarding his status here in the United States," Reyes said.
Reyes told WTKR on Monday that Perez Martin is currently being held in a Farmville facility.
The video of the incident taken near Sentara Belle Harbour Hospital shows officers tackling and striking Perez Martin.
An ICE spokesperson told WTKR that Perez Martin was arrested during what ICE called a "targeted enforcement operation."
They said Perez Martin resisted arrest and ran toward the hospital.
In the video, three agents are seen tackling Perez Martin to the ground, and then continue punching and kneeing him in the stomach and back. A fourth agent runs in and helps the others get him to lie down.
After the arrest, Perez Martin was taken to the ICE field office in Norfolk, where a spokesperson for the agency claims he denied medical treatment.
Video of the arrest prompted a community protest on Sunday.
Annie Overton — one of the protest organizers — said she was "disgusted" by the way ICE handled the situation.
"Organizing protests like this, and helping my community become aware of the fact that ICE — they have been here — it's not a fallacy; this is real life; that this is not how it has to be, it's not how it should be," Overton said.
In a statement shared with WTKR on Monday, Sentara said they had no involvement in the incident.
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