A South Florida attorney is pushing back against the deportation of his client, a Venezuelan asylum seeker sent to El Salvador under accusations of gang affiliation, despite having no criminal record in the U.S. or Venezuela.
Immigration Attorney Martin Rosenow said 26-year-old José Franco Caraballo was wrongfully identified as a member of Tren de Aragua, a notorious Venezuelan gang and deported over the weekend along with more than 200 other men.
Tattoos mistaken for gang affiliation
Rosenow argues that Caraballo, a barber from Venezuela, was misidentified based on his tattoos rather than any actual gang ties.
“He has been identified with no facts, no explanation,” Rosenow told CBS News Miami. “They focused on a pocket watch tattoo that simply marks the time of birth of his eldest daughter.”
Caraballo also has his daughter’s name, Shalome, tattooed on his chest, along with other ink on his arms.
Rosenow insists his client was targeted unfairly. “He does not have a criminal record,never been arrested in Venezuela or the United States,” he said.
Government defends deportations
Robert Serna, a senior Immigration and Customs Enforcement (ICE) official, acknowledged in a sworn statement Monday night that some of the deported individuals lack U.S. criminal records.
“While it is true that many Tren de Aragua members removed under the Alien Enemy Act do not have criminal records in the U.S., that is because they have only been in the country for a short period of time,” Serna said.
“The lack of a criminal record does not indicate they pose a limited threat.”
Caraballo entered the U.S. in October 2023 and had been complying with scheduled immigration check-ins, according to Rosenow.
However, he was detained at his February 3 appointment and deported weeks later.
ICE did not charge him with illegal entry but argued he lacked legal admission or a visa to remain in the U.S.
Concerns over due process
Adelys Ferro, director of the Venezuelan American Caucus, said Caraballo’s case is not isolated.
“At least a couple dozen families are stepping forward, saying their family members had no criminal record and were deported without proper due process,” she said.
Ferro fears Venezuelan immigrants will now face unfair targeting. “The vast majority of Venezuelan immigrants have no connection to Tren de Aragua,” she said.
Rosenow says he has not been able to contact Caraballo since his deportation and remains concerned for his safety.
