(FOX 11) - A man taken into custody by immigration officials last month has been released after a judge ruled that his guilty plea was invalid and unlawful.
October 3, Osny Kidd’s life as a private home caregiver and studies to become a registered nurse was put on hold.
Immigration Customs and Enforcement agents showed up to his mother’s home. They identified themselves as local police. Once outside they arrested Osny for failing to attend a court hearing in 2004 when he was 10 years old.
Osny, who was brought to the United Stages from Honduras, is in the Deferred Action for Childhood Arrivals (DACA) program, but got a misdemeanor charge for driving under the influence.
During his 68 days in custody, Osny’s then fiancé, Chance Kidd, worked with Osny’s lawyers to prove his immigration status was protected by law.
“I knew we were going to get him out. I didn’t really have any doubts. It wasn’t a question of ‘if’ it was a question of ‘when’,” Chance told reporter Leah Uko.
Osny spent his 24th birthday and Thanksgiving holiday in custody, but after a battle with the courts, he was released Monday night.
According to Judge Miguel Espinoza with the Superior Court of the State of California for the County of Los Angeles, Osny misunderstood what he was pleading guilty to in regards to his DUI conviction, therefore his plea and conviction were legally invalid and dismissed.
The entire immigration incident taught Osny and Chad to live life in the moment.
The couple married Tuesday morning, 18 hours after Osny’s release.
“I know that at times you just want to give up and sign the deportation order, don’t do it. There’s always hope,” Osny said.
He was notified a city attorney will review his case and try to convict him of the DUI again during the first week in January.
But Chance said he was ready for this hurdle just as he was for this one.
“There is path forward. There is hope. There is a way to get what’s right at the end of the day, but it’s definitely not easy.”