WASHINGTON — Attorneys for a Sacramento DACA recipient who was deported to Mexico final month have filed a lawsuit towards the federal authorities searching 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 software. She was deported to Mexico the subsequent day, regardless of having lively deportation safety by the Obama-era program Deferred Motion for Childhood Arrivals.
In accordance 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 struggle her case earlier than an immigration decide.
“Maria’s deportation was illegal and violated primary rules of due course of,” stated her legal professional Stacy Tolchin. “She had a sound DACA standing, she appeared for her immigration appointment as instructed, and she or he 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 accordance 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 grievance says, “Petitioner couldn’t legally be faraway from the USA whereas in DACA standing.”
The grievance states that the one doc Estrada Juarez acquired 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 Instances {that a} decide had ordered Estrada Juarez’s deportation in 1998 “and she or he 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 accordance with the lawsuit, “reinstatement of removing requires an unlawful reentry, and Petitioner’s final entry was on advance parole so wouldn’t fall beneath 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, by her daughter, Damaris Bello, 22, a U.S. citizen. Her DACA standing is legitimate till April 23, in accordance with the lawsuit, and she or he has a pending renewal software.
Estrada Juarez stated the U.S., the place she lived for 27 years since her arrival at age 15, is the one residence 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 a substitute, I used to be taken away from my daughter and compelled overseas in a single day.”
