LOS ANGELES (KABC) -- The family of Ismael Ayala , a 39-year-old immigrant who died earlier this month while in the custody of Immigration and Customs Enforcement, is planning to take legal action.

An attorney for the family said they are planning to file a lawsuit against the Department of Homeland Security, GEO Group and the Adelanto Detention Facility.

"A pre-trial detainee has a right to be free," attorney Jesus Arias said. "He has a right to respond and go to court, of course, but that doesn't mean you have to die."

Ayala was a Mexican immigrant who came to the United States as a child. He received protection under DACA in 2012, but renewal was denied after two DUI arrests.

In August, ICE agents detained him at the Huntington Beach car wash where he worked.

"They took him whil

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