immigration

Protected Widower of American Soldier Arrested by ICE for Deportation

Since 2017, the Immigration and Customs Enforcement (ICE) agency has been dangerously empowered and emboldened by the Trump Administration’s xenophobic rhetoric and single-minded focus on immigration reform. Ice officials reportedly arrested over 158,000 undocumented immigrants in 2018 alone – a number that will likely be surpassed by the end of this fiscal year. Ice has benefited from an alarming lack of government oversight, which has allowed the agency to make several controversial arrests. In fact, ICE has repeatedly made headlines for arresting undocumented immigrants at their scheduled green card appointments, targeting businesses that hire unauthorized immigrants, and even removing patients from hospitals where they are receiving life-saving treatments. Various awareness groups and civil rights organizations, including the ACLU, have been protesting these inhumane and potentially illegal arrests and deportations. Sadly, the agency has even started targeting immigrants who have been granted permission to stay in the United States.

ICE Arrests a Soldier’s Widower

In 2014, President Obama expanded the “Parole-in-Place” policy to provide additional benefits and opportunities to the undocumented family members of American military soldiers. The spouses, children, and parents who qualify for this program can also file for employment authorization under category (c)(11) and adjustment of status under INA § 245(a). Unfortunately, ICE has proven that these legal protections may not be enough to prevent deportation proceedings.

On April 8, 2019, Jose Gonzalez Carranza was arrested by ICE officials despite being granted Parole-in-Place after his wife, Army Pfc. Barbara Vieyra, was killed by insurgents in 2010. Carranza’s attorney, Ezequiel Hernandez, explained to CNN that “They government never revoked the (parole-in-place). They detained (Carranza) because of the order of removal done due to the court hearing my client did not go to because he did not know. As of today, we do not know why the client was removed.”

Last year, ICE refiled a deportation case against Carranza and sent him a notice to appear in court. However, this notice was mailed to the wrong address, so Carranza never showed up for his hearing. The judge issued a deportation order, which gave ICE grounds to arrest and transport Carranza to Nogales, Mexico. Ironically, Carranza filed a motion to reopen with the Executive Office for Immigration Review (EOIR) on the same day. Attorney Hernandez tried to contact ICE for details about Carranza’s arrest, but didn’t receive a response until days later.

On April 11, 2019, media pressure encouraged ICE to issue a press release explaining that Carranza was removed “from the United States pending the motion to reopen while a stay was in place.” Carranza was finally brought back to the United States on April 15, 2019, but only in light of the pending adjudication of his proceedings. The press release adds that “An immigration judge with EIOR will determine if proceedings should be reopened, and whether Gonzalez-Carranza has a legal basis to remain in the United States.”

Carranza and his legal team are waiting for a Phoenix judge to reopen his case. Fortunately, Arizona Democratic Sen. Kyrsten Sinema is working with Attorney Hernandez and supporting the Carranza family. Once Carranza is granted a hearing, his legal team will request a cancellation of the deportation order.

Explore Your Legal Options with an Experienced Immigration Lawyer

Contact the Phoenix immigration attorneys at Maria Jones Law Firm if you have questions about your legal rights or fear deportation. Our trial-tested legal team has a comprehensive understanding of the various laws and regulations that encompass this challenging legal process. Our lead attorney, Maria Jones, has over 15 years of immigration law experience and is licensed to practice immigration law across the country. She can guide you through each step of your legal journey no matter where you are, whether that involves filing a cancellation of removal or submitting an appeal to the Board of Immigration Appeals (BIA). No matter the complexity of your case, you can rely on Maria Jones Law Firm to effectively guide you through each step of your legal journey.

We represent clients the world over. Contact Maria Jones Law Firm at (602) 603-4032 to schedule a consultation today. Our Phoenix immigration lawyers offer 24/7 legal services in English, Spanish, and Russian.

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