A federal judge has ordered the Trump administration to facilitate the return of a Mexican national deported after he was detained while visiting family at Marine Corps Base Camp Pendleton, finding that immigration authorities violated his due process rights. U.S. District Judge Janis Sammartino granted a habeas corpus petition filed by Esteban Rios Sosa, a longtime Oceanside resident who had lived in the United States since 1988 and held deferred action status through his wife’s pending U visa application.
What changed
In a 10-page order issued on Tuesday, Judge Sammartino of the U.S. District Court for the Southern District of California granted Rios Sosa’s habeas corpus petition. The judge found that Rios Sosa had been deported without notice and that the government revoked his status without providing him an opportunity to contest the action, ruling that immigration authorities violated his due process rights when they deported him without notice or a hearing.
The court rejected the Trump administration’s argument that it lacked jurisdiction because Rios Sosa was no longer in the United States, finding his deportation qualified as an “extreme circumstance” permitting the court to exercise jurisdiction over the habeas petition.
Why it matters
This decision has immediate implications for practitioners challenging removals based on due process violations. The judge’s finding that revocation of deferred action status without notice or an opportunity to be heard violates due process establishes a clear standard that applies in the Southern District of California and may be persuasive in other circuits.
If your client held valid immigration status (such as deferred action) and was deported without notice of the revocation or a hearing, this decision signals that federal courts will intervene to order return to the United States. The ruling also suggests that courts may be willing to entertain habeas petitions for deported individuals when extraordinary constitutional violations are alleged, even after removal.
For practitioners representing clients with pending visa applications (such as U visa petitions) where derivative family members hold deferred action, this case underscores the importance of documenting that status in ICE files and challenging any revocation or enforcement action that lacks procedural due process.
Way forward
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Preserve the record: If you have a client detained by ICE who holds deferred action or other lawful status, immediately document that status in writing to ICE and request confirmation that it is in the alien’s A-file.
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Challenge deportations without hearings: If your client was removed without notice that their status was being revoked, or without an opportunity to contest the removal in front of an immigration judge, consider filing a habeas corpus petition in federal court in the appropriate district.
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Review visa applications: Verify that any pending immediate-relative or employment-based petition, or derivative application (such as a U visa petition by a spouse), is noted in your client’s USCIS records and communicated to DHS to trigger protection from enforcement.
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Monitor for appellate response: While this decision is binding in the Southern District of California, expect the government may appeal or challenge similar cases elsewhere. Cite Judge Sammartino’s reasoning persuasively in other districts facing similar facts.
Disclaimer
Fola Editorial is a software company, not a law firm, and this article is not legal advice. Immigration law is complex and fact-specific; you must consult a licensed immigration attorney to evaluate your individual case and legal options. Verify all information against the primary source and current law, as policy and judicial interpretation can change without notice.