Mario Guevara faces extortion in custody; attorney suggests conspiracy to keep him behind bars
Mario Guevara. FOX 5 Atlanta image
ATLANTA - Journalist Mario Guevara says he was extorted by fellow inmates while held at Atlanta’s Federal Correctional Institution this week, according to his attorney, Giovanni Diaz, who says the incident underscores what he believes is a broader effort by immigration authorities and local jurisdictions to prolong his client’s detention.
Extortion in ICE custody
What they're saying:
Diaz told FOX 5 Atlanta that inmates recognized Guevara, took photos of him inside the prison using a burner phone, and sent the images to his wife along with threats and demands for money. Diaz said he immediately reported the extortion to U.S. Immigration and Customs Enforcement (ICE), which moved Guevara late Thursday to the Folkston ICE Processing Center in South Georgia.
"This was not a coincidence," Diaz said. "They housed him in general population in a federal penitentiary, where he was unprotected, and then he was extorted. We made ICE aware, and he was moved within 36 hours."
ICE files appeal over Mario Guevara
What we know:
Guevara, a longtime Georgia resident with no criminal convictions, was granted bond by an immigration judge on July 1. But ICE attorneys quickly filed a stay and appeal of that order — actions that, according to Diaz, were not disclosed in time for Guevara’s family to post bond.
"We were never told the stay was filed," Diaz said. "ICE never responded to our inquiry about whether anything had been filed that would prevent his release."
The attorney said the family tried posting bond online and in person, but ICE refused to accept payment, citing its discretion despite the judge's ruling.
Guevara was subsequently transferred from ICE custody to Gwinnett County Jail, where he faced misdemeanor traffic charges. Those charges were dropped, Diaz confirmed on Thursday.
Conspiracy to keep Mario Guevara behind bars?
What we don't know:
While Guevara was in Gwinnett custody, authorities there reportedly served a warrant to seize and search his cellphone. Diaz said his team has the warrant number but has not yet obtained the document itself and is pursuing public records requests for more information.
Diaz believes Gwinnett officials worked in coordination with ICE to keep Guevara behind bars.
"In my opinion, Gwinnett played a role in this, and they used every tool they had to delay his release," Diaz said. "The charges have now been dismissed, and yet he remains in detention while ICE appeals a bond decision that should have resulted in his release nearly two weeks ago."
Guevara's immigration status
Dig deeper:
Diaz emphasized that while Guevara does not currently hold legal immigration status, he is authorized to work in the United States and has a viable path to a green card through pending legal proceedings.
"We’re confident he will ultimately prevail," Diaz said. "But in the meantime, he’s been shuffled from jail to jail, targeted for extortion, and denied a release order granted by a judge. It’s an abuse of process."
Guevara's lawyer asking for dismissal
What's next:
Guevara’s legal team has asked the Board of Immigration Appeals to dismiss ICE’s appeal and allow bond to proceed. If not resolved soon, Diaz said federal litigation may follow.
Journalist Mario Guevara's arrest
The backstory:
Journalist Mario Guevara, whose recent arrest during a protest sparked national outcry, remains in federal immigration custody despite a judge granting him bond earlier this month.
Guevara, a veteran Spanish-language reporter who fled violence in El Salvador and has lived in Georgia for more than 20 years, was arrested June 14 while covering a demonstration near Stone Mountain. Video of the incident showed him wearing a helmet and press vest, documenting the protest live. Charges filed by DeKalb County — including obstruction and unlawful assembly — were later dropped when the solicitor-general found no evidence of wrongdoing.
On July 1, an immigration judge approved Guevara’s release on bond. But ICE attorneys filed a stay and appeal, effectively blocking it — a move his legal team says was not disclosed until after the family attempted to post bond.
Guevara was subsequently transferred to Gwinnett County Jail on misdemeanor traffic charges, which were dismissed.
The Source: FOX 5 spoke to Giovanni Diaz, attorney for Mario Guevara, for this article. Previous FOX 5 Atlanta reports were also used. Gwinnett County and ICE have not offered comment on this particular article.