ICE officers detain a suspect. File picture: Charles Reed/US Immigration and Customs Enforcement via Reuters

Philadelphia - Lawyers for a 37-year-old Mexican man who was taken into custody during a mandatory marriage interview at immigration offices in Philadelphia say his detention is unlawful.

Jose "Ivan" Noe Nunez Martinez and his U.S.-citizen husband Paul Frame visited U.S. Citizenship and Immigration Services on January 31 to petition for Nuñez Martinez to gain legal status. Instead, ICE officers arrested Nunez Martinez, who had a previous order of removal.

Nunez Martinez remains at York County Prison, even though his attorneys and advocates say he passed his marriage interview and a credible fear interview for asylum.

Attorneys have filed a habeas corpus petition claiming that Nunez Martinez has a right to a bond hearing to prove he would not be a security threat if released.

A message from The Associated Press seeking comment from ICE wasn't immediately returned Tuesday.