Fernando Ochoa, a 9-year-old Guatemalan boy, is fighting his father's deportation due to fears that he may be separated from him a third time despite U.S. President Joe Biden's 100-day moratorium on deportations and creation of a family reunification task force.

Fernando said that he is very sad for his father who is not with him in a letter he wrote to Biden. "It makes me very sad to see other parents playing with their children because I can't play with my dad nor receive a hug from my dad," Fernando's letter read as reported by Remezcla.

Fernando gave his attorney a letter he wrote to Biden on Wednesday morning just outside an immigration court. The boy asked Biden through his letter in Spanish to let his dad go free, according to an NBC News report.

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Seeking Asylum

Fernando and his father, Ubaldo Ochoa Lopez, fled Guatemala over two years ago and sought asylum in the United States. However, Fernando, who was 6-year-old at the time, was separated from his father by immigration authorities.

Fernando was one of at least 2,800 migrant children who were separated from their parents in 2018 as part of former president Donald Trump's zero tolerance policy, which was implemented to hinder migrants from seeking asylum in the United States.

Andani Alcantara, their attorney, said that during the first 35 days of being apart from his child, Ubaldo could not event contact Fernando.

"So those 35 days of zero contact, not knowing what was going on, were very traumatic for both of them," Alcantara was quoted on a report.

After they were reunited, Fernando and his father continued their legal efforts to get asylum, but they were separated for the second time in October.

This was when Immigration and Customs Enforcement detained Ubaldo after he was convicted of driving while intoxicated, according to Alcantara.

She added that it was only a Class B misdemeanor, but ICE has treated it as a huge crime and has decided that it is enough reason not to allow Ubaldo to be with his child. Fernando, currently, does not have another parent in the United States.

Ubaldo is currently in an ICE detention center in Pearsall, Texas. The Biden administration announced on Monday new policies on immigration enforcement.

Alcantara says she hopes this helps Lopez's case since ICE I supposed to prioritize aggravated felons.

Alcantara added that ICE always has the discretion to let anybody out of detention, and they are choosing not to, according to a People Espanol report.

Meanwhile, the Texas immigrant's rights advocacy group RAICES has been helping Fernando with his asylum case while urging ICE to reunite him with his father.

Erika Andiola, the organization's chief of advocacy, said that it is necessary to note that Ubaldo went through the criminal justice system when he was charged and convicted last year. She added that if it was someone else, like someone who was born in this country, he would be back with his son.

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