A federal judge in Houston has ordered the government to return a woman deported while her immigration case was pending. The Trump administration deported Marcela Linda Arias to Nicaragua while she was trying to reopen her immigration case as a survivor of domestic abuse; Arias had lived in Houston for nearly 15 years and was deported in late June.
What changed
Before her removal, Arias had filed a motion to reopen her case in immigration court, which was supposed to trigger an automatic pause on her removal from the U.S. Despite this automatic stay, DHS removed her. In a rare move, a federal judge in Houston ordered the government to return her to the U.S. The judge found that Arias, who had lived in Houston for nearly 15 years, would face irreparable harm if not returned before her next court hearing.
Why it matters
This order is significant for several reasons. First, only a handful of deported immigrants have been ordered returned to the U.S. during recent immigration crackdowns, making this an uncommon judicial intervention. Second, the ruling clarifies that federal courts will override a removal even after the person has been deported, if removal violated statutory protections like the automatic stay attached to a motion to reopen. Immigration practitioners should note that this signals courts are willing to order compliance with procedural safeguards even in high-enforcement periods.
The case also underscores a critical vulnerability: DHS’s removal of Arias despite her pending motion suggests the agency either overlooked or disregarded the automatic stay. Practitioners representing clients with pending motions to reopen must ensure those motions are properly documented in USCIS and immigration court systems before the individual is removed from custody.
Way forward
If you represent an individual facing removal with a pending motion to reopen:
- Confirm filing in both systems: Ensure the motion to reopen is filed with immigration court (which triggers the automatic stay) and that DHS has notice in its systems before the individual is scheduled for removal.
- Get written proof: Request written confirmation from DHS that the automatic stay is in effect; do not rely on oral assurances from ICE officers or custody staff.
- Preserve court access: If removal occurs despite a properly-filed motion to reopen, consult an attorney immediately about habeas relief in federal district court (as Arias’s counsel did).
- Document irreparable harm: If litigation becomes necessary, be prepared to show why return is essential—family ties, employment, ongoing case proceedings, or conditions in the destination country can all support an irreparable harm argument.
Disclaimer
This article is not legal advice. Fola is a software platform, not a law firm. The information presented is based on publicly available reporting and is accurate to the best of our knowledge as of the published date. Immigration law and policy change frequently and without notice. You should verify all facts against the primary source linked above and consult a licensed immigration attorney before making decisions about your case or your clients’ cases.