Attorney wants transgender woman released, argues BP agent lied in court document

The Mexican national arrested by ICE agents this month after securing a protective order against her alleged abuser appeared in federal court Monday.

Irvin Gonzalez, 33, whose arrest Feb. 9 sparked a national uproar, was in court to request estrogen pills as part of transgender treatment.

Judge Anne Berton granted that estrogen request and ordered a complete physical and mental examination of Gonzalez at the request of U.S. Attorneys.

ABC-7 has learned Gonzalez’s attorneys filed a writ of habeas corpus demanding her release, alleging a Border Patrol agent lied about where she was arrested.

Gonzalez remains locked up at the El Paso County Jail.

According to the writ of habeas corpus filed by Gonzalez’s attorneys, agents “arrested Gonzalez in the waiting area of the protective order court as soon as she exited her protective order hearing and took her out to a waiting ICE vehicle they had parked in front of the courthouse earlier.”

Border Patrol Agent John Urquidi, however, filed an affidavit stating Gonzalez was found walking along San Antonio Avenue in front of the courthouse when arrested.

The writ reads on “surveillance video makes it clear (Gonzalez) had already been arrested long before she was removed from the courthouse by ICE agents … she is seen being led out of the courthouse in their physical custody with one or more of them physically holding onto her.”

In courthouse video, released by the County, agents can be seen escorting Gonzalez out of the courthouse by the arm, although she was not handcuffed at the time.

According to the habeas corpus: “Agent Urquidi’s affidavit was intended to seriously mislead the magistrate court and conceal the true facts, for the purpose of getting it to authorize taking (Gonzalez) into custody and keeping her there.”

ICE officials had no comment, pointing out the case is now in the hands of the Office of the Inspector General.