
Guevara v. Francis
What's at Stake
Whether a journalist can be detained on the basis of their livestreaming and reporting on law enforcement activities.
Summary
On June 14, 2025, police officers arrested prominent Georgia journalist Mario Guevara as he was reporting on a protest against the Trump administration in the Atlanta area. He was charged with misdemeanor violations that were dropped within days. Nevertheless, U.S. Immigration and Customs Enforcement (鈥淚CE鈥) took him into custody, where he remains despite an Immigration Judge鈥檚 determination that he is neither dangerous nor a flight risk and should be released back to his community.
ICE argues that Mr. Guevara should remain in detention specifically because he livestreams and reports on law enforcement activities. The government characterizes his journalism as a danger to society. But documenting law enforcement activity in public is fully protected by the First Amendment, and Mr. Guevara鈥檚 ongoing detention is a retaliatory and unlawful effort to prevent him from continuing his journalism.
We have filed a habeas petition and an emergency motion for preliminary relief challenging Mr. Guevara鈥檚 unconstitutional detention by ICE as a violation of his free speech and due process rights. We request his immediate release from custody so he can return to his family and continue his reporting.
His legal team includes the 红杏视频; 红杏视频 of Georgia; the University of Georgia School of Law鈥檚 First Amendment Clinic; Garland, Samuel & Loeb, P.C.; and Diaz & Gaeta Law, LLC.
Legal Documents
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09/03/2025
Respondents' Supplemental Memorandum of Law -
09/03/2025
Supplemental Memorandum of Law in Support of Preliminary Injunction -
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Supplemental Declaration of Jessica Calmes
Guevara v. FrancisLegal DocumentsSupplemental Declaration of Jessica CalmesCourt: U.S. District Court (S.D. Ga.)
Affiliate: Georgia
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08/26/2025
Response to Motion for Preliminary Injunction -
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Declaration of Wanick Ambroise
Guevara v. FrancisLegal DocumentsDeclaration of Wanick AmbroiseCourt: U.S. District Court (S.D. Ga.)
Affiliate: Georgia
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08/21/2025
Emergency Motion for Temporary Restraining Order and/or Preliminary Injunction -
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Memorandum of Law in Support -
Declaration of Scarlet Kim with Exhibits Attached -
Declaration of Jessica Calmes -
Declaration of Mario Alexander Guevara -
Declaration of Oscar Guevara Saenz -
Declaration of Alondra Madrigal -
Declaration of Jose Zamora -
Declaration of Julio E. Moreno -
Declaration of Dustin R. Baxter
Guevara v. FrancisLegal DocumentsMemorandum of Law in SupportCourt: U.S. District Court (S.D. Ga.)
Affiliate: Georgia
Guevara v. FrancisLegal DocumentsDeclaration of Scarlet Kim with Exhibits AttachedCourt: U.S. District Court (S.D. Ga.)
Affiliate: Georgia
Guevara v. FrancisLegal DocumentsDeclaration of Jessica CalmesCourt: U.S. District Court (S.D. Ga.)
Affiliate: Georgia
Guevara v. FrancisLegal DocumentsDeclaration of Mario Alexander GuevaraCourt: U.S. District Court (S.D. Ga.)
Affiliate: Georgia
Guevara v. FrancisLegal DocumentsDeclaration of Oscar Guevara SaenzCourt: U.S. District Court (S.D. Ga.)
Affiliate: Georgia
Guevara v. FrancisLegal DocumentsDeclaration of Alondra MadrigalCourt: U.S. District Court (S.D. Ga.)
Affiliate: Georgia
Guevara v. FrancisLegal DocumentsDeclaration of Jose ZamoraCourt: U.S. District Court (S.D. Ga.)
Affiliate: Georgia
Guevara v. FrancisLegal DocumentsDeclaration of Julio E. MorenoCourt: U.S. District Court (S.D. Ga.)
Affiliate: Georgia
Guevara v. FrancisLegal DocumentsDeclaration of Dustin R. BaxterCourt: U.S. District Court (S.D. Ga.)
Affiliate: Georgia
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08/20/2025
Petition for Writ of Habeas Corpus and Complaint
Date Filed: 09/03/2025
Court: U.S. District Court (S.D. Ga.)
Affiliate: Georgia
Date Filed: 09/03/2025
Court: U.S. District Court (S.D. Ga.)
Affiliate: Georgia
Date Filed: 08/26/2025
Court: U.S. District Court (S.D. Ga.)
Affiliate: Georgia
Date Filed: 08/21/2025
Court: U.S. District Court (S.D. Ga.)
Affiliate: Georgia
Date Filed: 08/20/2025
Court: U.S. District Court (S.D. Ga.)
Affiliate: Georgia