‘He did it the right way’: ICE detains innocent man with legal documentation in case of mistaken identity

SALT LAKE CITY (ABC4) — In a case of mistaken identity, a man is in ICE custody awaiting deportation, despite having legal status and no criminal charges.

On Aug. 15, 2025, Alexis Jesus Rojas-Medina was indicted for multiple felonies including aggravated assault and domestic violence in the presence of a child. His wife, Margin Maria-Rodríguez, says her husband never laid a hand on anyone.

A case of mistaken identity

“We didn’t know anything until my husband was arrested,” Margin Maria-Rodríguez told ABC4.com.

Maria-Rodríguez says her family, who immigrated to the U.S. from Venezuela, lived together with her husband’s twin brother, Alexander, and his wife and two kids. Alexander allegedly would often become abusive while at home.

By July 1, 2025, the family had moved out of the apartment. “We didn’t want to expose our child to those kinds of things.” Maria-Rodríguez said.

Court documents show that the incident, for which her husband was arrested, happened on July 14 at their old residence. The family’s attorneys quickly sent prosecutors copies of birth certificates differentiating Alexis from his brother, Alexander.

“Ms. Rodríguez wants the Court to know that these charges do not relate to her husband but to his twin brother, Alexander Jesus Rojas-Medina,” defense attorneys told the court. “They are not the same person.”

Appearing in court and a dismissal

“This is incredibly unique,” said Jeremy Deus, an attorney representing Alexis. “This is a situation where we legitimately proved and legitimately showed that this is a case of mistaken identity.”

Three days after appearing in court, all charges were dismissed, and Alexis was ordered to be released from the Salt Lake County Jail.

“Having been mistaken for his twin brother and arrested in his place… Alexis Jesus Rojas-Medina has not committed the alleged offenses,” the order to dismiss reads.

Despite the charges being dismissed, Alexis was never released. Maria-Rodríguez soon learned that her husband was in ICE custody.

ICE arrest and detention

“When a case gets dismissed with prejudice, it should be treated differently, as if this never happened. And it’s not being treated like this with immigration today,” Deus said.

“For being of a certain nationality, they treat us bad,” Maria-Rodríguez said, adding that ICE has allowed her very little communication with her husband. “I feel devastated because they treat us like trash as if we didn’t exist.”

Margin Maria-Rodriguez goes to immigration lawyers after her husband was detained by ICE. (KTVX)

“You got all these people that get all irate and say, ‘you got to do it the right way.’ Well… he did,” Adam Crayk, a partner at Sowell Crayk who is representing the family, told ABC4.com. “He actually presented himself at the border a couple of years ago.”

Documents obtained by ABC4.com show Alexis was granted Temporary Protected Status through Oct. 2, 2026, allowing him work authorization and preventing him from being removed from the country.

“They literally let him enter, but the manner that they call his entry is what they’re using now against him,” Crayk added. “He did it the right way.”

“Just as bad people come into the country, more good people come,” Maria-Rodríguez said. “We come here to work, to move forward, to progress so that our children don’t have to live through what we lived through.”

According to an ICE database, Alexis is currently being held in a Nevada detention center about one hour West of Las Vegas.

ABC4.com received the following statement on the case from an ICE spokesperson:

“Alexis Jesus Rojas-Medina, 30, a Venezuelan national was arrested by ICE Sept. 9 as an alien not in possession of valid immigration documents allowing him to be or remain in the United States legally. He will remain in ICE custody pending immigration proceedings.”

“Why are we doing this to this guy? This doesn’t make any sense,” Crayk said. “This is not the norm. This is so far beyond the norm.”

“That all this could happen because of someone else is frustrating [and] humiliating,” Margin told ABC4.com.

According to Crayk, ICE has since taken away Alexis’ TPS while also filing for an expedited removal. Crayk and Deus have appealed the filing.

Attempts to strip TPS from Venezuelan immigrants

Since taking office, the Trump administration has engaged in a legal battle that aims to strip Venezuelan immigrants of protections from deportation.

On Sept. 19, the administration asked the Supreme Court to block a decision that found that Homeland Security Secretary Kristi Noem lacked the authority to vacate protections for roughly 600,000 Venezuelans, including Alexis.

In August, a panel for the Ninth Circuit Court of Appeals reinstated TPS for Venezuelans. The ruling came despite the U.S. Supreme Court previously siding with Noem which terminated TPS for Venezuelan immigrants.

DHS says it “vehemently disagrees with the Northern District of California’s ruling,” and is pursuing immediate relief.

According to Crayk, the matter is still being battled out in the courts and has left Alexis’ future in the country unclear.

The court battle surrounds a specific case involving Yajure Hurtado who entered the U.S. without inspection in 2022 but later obtained TPS. After his status expired in April 2025, the Department of Homeland Security detained Hurtado, despite him claiming he was “an applicant for admission.”

Venezuela’s economic crisis has lasted over 12 years. In April 2025, President Nicolás Maduro even declared an economic emergency. The crisis has led to a large influx of immigration to the U.S. However, recent data shows immigration numbers plummeting. Many Venezuelans have reportedly begun to return to the country.

The Hill and the Associated Press contributed to this reporting.