- ICE pulled Molis Augustave from a Haiti flight on September eighteenth, twenty twenty-six, leaving him in custody.
- His wife’s approved I-130 and his pending Form I-485 could support adjustment, but they do not guarantee status.
- Lawyers filed a habeas corpus action in Louisiana to pause removal while USCIS reviews the case.
Molis Augustave remained in ICE custody after officials pulled him from a charter flight to Haiti on September 18, 2026, at the last minute. The Pennsylvania pastor had been scheduled for removal but did not leave the United States.
His wife, Omara Boniface Nunez, had received notice that the related I-130 petition was approved. Augustave also had a pending Form I-485 green card application based on his marriage to a U.S. citizen.
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Lawyers filed a habeas corpus action in Louisiana seeking to stop the removal while USCIS adjudicates the application. The filing followed a rapid transfer through the immigration detention system.
A traffic stop in York County, Pennsylvania, led to Augustave’s detention on or about September 4, 2026. Advocates said officials later moved him from a Louisiana ICE facility to Miami before the planned flight to Haiti.
The agency has taken a harder position. DHS and ICE told reporters that Augustave has a final order of removal and would remain detained pending removal.
A marriage petition supports the case but does not itself grant status
An approved I-130 establishes the qualifying family relationship for an immigration case. It does not, by itself, provide lawful status or confer a green card.
The petition may support adjustment of status under INA § 245 if the applicant meets the other legal requirements. A pending I-485 can typically allow some applicants to remain in the United States while the agency reviews the case, but that protection has limits.
A final removal order can change the analysis. So can the person’s detention posture, prior immigration violations, or the loss of another immigration status. Eligibility also depends on the particular procedural and factual record.
The planned flight therefore involved two separate tracks: the agency’s effort to execute the removal order and the family-based application moving through USCIS.
The case now turns on three separate immigration questions
| Issue | What the record indicates | Possible effect |
|---|---|---|
| Family petition | The I-130 petition tied to Augustave’s marriage was approved. | It may support an adjustment case if he is otherwise eligible. |
| Adjustment application | The I-485 remained pending with USCIS. | The application may not independently prevent removal. |
| Removal order | DHS and ICE said he has a final order of removal. | The agency says he will remain in custody pending removal. |
A successful habeas petition or emergency motion could stay removal while a court reviews the dispute and USCIS continues adjudication. The court’s response would depend on the filings, the removal order, and the governing immigration rules.
The reported flight involved a transfer chain from the Alexandria, Louisiana, area through Miami before the planned trip to Haiti. Advocates said Augustave was removed from the passenger manifest or was not loaded before departure.
The case has unfolded against the Trump administration’s 2026 action ending temporary protected status protections for many Haitians. That policy shift placed Haitian nationals who lost that protection in a changed removal environment.
Augustave’s removal was not completed on the September 18 flight, but the agency’s stated position leaves the detention and removal-order issues active while the court action and immigration application proceed.
This article provides general information and is not legal advice. Consult a qualified immigration attorney about your specific case.
