"She's jailing them, which I believe she feels is politically popular in the county. Its not her job to be immigration; its immigration's job," said Alan Simpson, Miguel Abraham's attorney.
Simpson and Abraham say they want Judge Sue Carol Browning off the bench for Abraham's proceedings because they feel she is prejudice to Hispanics in the community.
Abraham is facing 3rd degree criminal tresspass charges for which he was ordered to serve 30 days in jail as well as driving without a license.
In September, Browning ordered 16 Hispanic males to jail on minor charges until INS and Homeland Security could determine what to do with them.
This act was deemed unconstitutional by Circuit Judge Tyler Gill.
"Recently, Judge Browning has acknowledged at least a willingness to accept a plea in Abraham's case to a minor violation that would not require jail time but Mr. Abraham has rejected that at this point in hopes that Judge Browning would recuse herself," Simpson said.
The lawsuit also contains affidavits from Elkton pastor Frank Ruff and court observer Paul Witte, that allege Browning said that "for every one of you, there's hundred of us," making reference to those who work on behalf of the Hispanic immigrants.
Judge Browning told WBKO that she doesn't recall saying anything like that.
She said that she is in no way prejudice and simply jails the immigrants because they are without a valid ID to prove who they are.
She also said she's not sure why Simpson and Abraham want her off the case so badly.
To view the lawsuit filed against Browning click here.