Bond granted for Ximena Arias-Cristobal, pupil mistakenly arrested

Ximena Arias-Cristobal, 19, was arrested in Dalton, Georgia, following a site visitors cease. Bond was granted on Wednesday, resulting in her lastly being launched Thursday.

DALTON, Ga. — The Georgia teen who was taken into ICE custody after being mistakenly arrested by Dalton Police following a site visitors cease is lastly headed residence, her legal professional mentioned.

Ximena Arias-Cristobal was granted bond at a listening to Wednesday. Her legal professional, Dustin Baxter, mentioned her bond was paid early Thursday morning. She was ultimately launched from custody late Thursday evening. 

“We are happy to announce that Ximena was given the minimal amount of bond possible under the law, $1,500. The government did not wish to appeal,” Baxter mentioned Wednesday.

Thursday simply earlier than 10 p.m., Baxter advised 11Alive she was on her manner residence.

Arias-Cristobal, a pupil at Dalton State, was arrested earlier this month after Dalton police pulled her over and accused her of constructing an unlawful flip at a pink mild. Authorities additionally mentioned the 19-year-old was driving with out the right license. 

The fees have been later dropped by police and the prosecuting legal professional of the Metropolis of Dalton on Could 12 after dashcam video of the site visitors cease confirmed the officer stopped Arias-Cristobal by mistake. 

Officers mentioned a assessment of the video confirmed one other driver in the same truck turned improperly, not Arias-Cristobal. Authorities then dropped the costs.  

The 19-year-old’s case has gained nationwide consideration as her father, Jose Arias, was additionally taken to the Stewart Detention Heart on account of a separate site visitors cease that additionally led to his detainment by immigration authorities. He was granted bond earlier this month. 

“He made an interesting comment to me that his body left Stewart, but his heart stayed there when he had to leave, but his daughter was stuck there. It was bittersweet. He ultimately was super excited to be reunited with his wife and with his other two children, but a part of him stayed behind, and he’s kind of had this cloud hanging over him waiting for that other part to be reunited,” Baxter mentioned. 

Arias-Cristobal’s mom beforehand advised 11Alive that the household crossed the border illegally in 2010, when Arias-Cristobal was simply 4 years outdated. Due to her age and timing, she was not eligible for Deferred Motion for Childhood Arrivals (DACA) when it was nonetheless energetic.

RELATED: Mom of Georgia teen in ICE detention heart hopes for her launch

This system was later discontinued below President Donald Trump in 2017, leaving many so-called “Dreamers” with out authorized choices. 

Baxter beforehand mentioned that Arias is making use of for a “cancellation of removal.”

“Because he’s been here for more than 10 years, because he has U.S. citizen children, and because he’s been a person of good moral character, he’s got that case that he’s going to present to the judge. Ximena, however, does not have any qualifying relative. She does not have a US citizen spouse, parent or child,” Baxter defined. “What we’re going to try and do is link her case to her father. So therefore, if her father is granted permanent resident status by winning his case, she would have that qualifying relative, and she would conceivably be approved for permanent residence as well.”

Baxter added they’re additionally trying into the circumstances round her arrest to see if a U visa is likely to be a chance for her. 

“If we discover that this was a targeted arrest based on profiling and therefore a false arrest, we may make the argument with immigration that she qualifies for a U Visa,” Baxter mentioned. 

As for Arias-Cristobal ending up in ICE custody, the Dalton Police Division didn’t have any half in these proceedings and mentioned  the company additionally didn’t report her to immigration authorities. Nonetheless, the division mentioned it’s “regrettable” how the case unfolded.

RELATED: Dalton father reunited with household after being launched out of ICE custody, daughter stays detained