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Honduran man deported despite allegations that he was ethnically profiled

Honduran immigration detainees prepare to board  their U.S. Immigration and Customs Enforcement (ICE), deportation flight bound for San Pedro Sula, Honduras on February 28, 2013 in Mesa, Arizona. (Photo by John Moore/Getty Images)

Honduran immigration detainees prepare to board their U.S. Immigration and Customs Enforcement (ICE), deportation flight bound for San Pedro Sula, Honduras on February 28, 2013 in Mesa, Arizona. (Photo by John Moore/Getty Images)  (2013 Getty Images)

A Honduran man has been deported even though a Department of Homeland Security lawyer recommended he be allowed to remain in the U.S. because he was improperly arrested in a case of alleged ethnic profiling.

Jose Adan Fugon was deported Tuesday. Fugon and Gustavo Barahona, another Honduran migrant worker, were arrested by New Llano (LAH-noh) police May 29 outside a motel as they waited to go to work.

Last week, their lawyers released an email in which a DHS attorney recommended releasing the men because they appeared to be arrested "solely for an immigration status check."

Barahona's lawyers say he faces deportation later this week.

They spent more than 140 days in detention.

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