WASHINGTON — Attorneys for a Sacramento DACA recipient who was deported to Mexico final month have filed a lawsuit in opposition to the federal authorities looking for her instant return to the U.S.
Maria de Jesus Estrada Juarez, 42, was detained Feb. 18 throughout a scheduled interview for her inexperienced card utility. She was deported to Mexico the subsequent day, regardless of having lively deportation safety via the Obama-era program Deferred Motion for Childhood Arrivals.
In keeping with the lawsuit, Estrada Juarez, who labored as a regional supervisor for Motel 6, was deported with out being offered discover of a lawful removing order and with out the chance to combat her case earlier than an immigration decide.
“Maria’s deportation was illegal and violated primary rules of due course of,” stated her lawyer Stacy Tolchin. “She had a legitimate DACA standing, she appeared for her immigration appointment as instructed, and he or she ought to by no means have been faraway from the nation.”
Estrada Juarez’s case garnered public consideration and outrage from members of Congress, together with Sen. Alex Padilla (D-Calif.), after being printed within the Sacramento Bee.
In keeping with her lawsuit, which was filed Tuesday,it’s unclear whether or not an order for her removing was ever issued. And even when one was issued, the criticism says, “Petitioner couldn’t legally be faraway from the USA whereas in DACA standing.”
The criticism states that the one doc Estrada Juarez obtained was a verification of her bodily removing from the U.S. — not a removing order. The doc states that she is barred from returning to the U.S. for 10 years as a result of she had been ordered eliminated by an immigration decide.
The lawsuit calls that competition unfaithful — Estrada Juarez has by no means been in removing proceedings and has by no means seen an immigration decide. Her arrest at her immigration interview was the primary time she discovered she had been ordered eliminated in 1998.
The Division of Homeland Safety informed The Occasions {that a} decide had ordered Estrada Juarez’s deportation in 1998 “and he or she was faraway from the USA shortly after.”
“She illegally re-entered the U.S. — a felony,” Homeland Safety stated. “She was arrested and her remaining order re-instated. ICE eliminated her from the U.S. on February 19, 2026.”
In 2014, Estrada Juarez went to Mexico utilizing a journey permission for DACA recipients referred to as advance parole. She reentered the U.S. legally on Dec. 28, 2014.
In keeping with the lawsuit, “reinstatement of removing requires an unlawful reentry, and Petitioner’s final entry was on advance parole so wouldn’t fall underneath that floor.”
The lawsuit contains an emergency request for the federal authorities to facilitate Estrada Juarez’s return whereas the case is pending.
Estrada Juarez utilized for authorized everlasting residency, or a inexperienced card, via her daughter, Damaris Bello, 22, a U.S. citizen. Her DACA standing is legitimate till April 23, in line with the lawsuit, and he or she has a pending renewal utility.
Estrada Juarez stated the U.S., the place she lived for 27 years since her arrival at age 15, is the one house she has ever identified.
“I adopted the foundations and confirmed as much as my immigration appointment believing I used to be taking the subsequent step towards stability,” she stated. “As an alternative, I used to be taken away from my daughter and compelled in another country in a single day.”
