‘Run by idiots’: ICE says 4yo had drug conviction in 2009 for marijuana possession, confirms they’re depriving Americans of their ‘liberty’

In another major gaffe with serious real-world consequences, a federal judge sharply rebuked Immigration and Customs Enforcement (ICE) after the agency submitted a document claiming that a man facing detention from West Virginia had a marijuana conviction in 2009, when he was just four years old.

The ruling, issued Tuesday, Feb. 24, 2026, by U.S. District Judge Irene C. Berger, ordered the man’s release and criticized the government’s procedures for jeopardizing the liberty of people legally present in the United States. “The Respondents did attach a document to their Response purporting to show minor convictions for marijuana possession in 2009,” Judge Berger wrote.

But the judge added, the Petitioner was four years old in 2009, “and the Respondent indicated that the document was supplied by ICE and likely presumed to relate to the Petitioner because the individual in those records had the same name, despite the differences in birthdate, birthplace, parents’ names, and immigration status.”

Judge Berger concluded, “This sloppiness further validates the Court’s concerns about the procedures utilized by the Respondents depriving people present in the United States of their liberty.”

The Fernando T. case

The case involves an unnamed immigrant sometimes referred to as Fernando T. in West Virginia, who was detained by ICE while facing removal proceedings. ICE attorneys cited the erroneous record to justify continued detention, but the agency’s assumption — based solely on a shared name — failed to account for key identifying information, including birthdate and parental details.

Berger’s decision also noted, “The Respondents suggest that because the Petitioner signed a voluntary departure form, they ceased other immigration procedures. However, the parties agreed during the hearing that the Petitioner could withdraw the voluntary departure form, and the Petitioner challenged its legality more broadly, including noting that, despite detaining the Petitioner based on his lack of fluency in English, the voluntary departure form he signed is in English.”

After the 4-year-old revelation, X response noted, “Wow, how did the ‘crack team’ miss that one?” Another accused the government of deliberate misrepresentation: “That’s not sloppy, that’s lying. There must be consequences for lying like that.”

Criticism also focused on potential bias in ICE practices. “I can bet you that ICE knew he was probably the wrong person, but the name matched so they didn’t care — it doesn’t matter if he’s a legal US citizen, he has a Hispanic name, so deport him anyway. Glad the judge caught it,” one X user wrote. Another concluded, “Disband ICE at this point. It can’t do anything right. Run by idiots, obviously.”

Following Judge Berger’s ruling, the man has been released from custody, though details about his current location and immigration status have not been publicly disclosed. ICE has not commented on the court’s decision, and no disciplinary action has been announced against the attorneys involved.