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Trump administration apologizes to court for “mistake” in deporting Massachusetts college studentdetained trying to fly hometo surprise his family for Thanksgiving, but still argued that the mistake would not affect his case.
Anyone Lucia Lopez Belloza, a 19-year-old student at Babson College, was detained at the Boston airport on Nov. 20 and flew to Honduras two days ago. His removal came despite an emergency court order on November 21 ordering the government to keep him in Massachusetts or elsewhere in the United States for at least 72 hours.
Lopez Belloza, whose family immigrated from Honduras to the US in 2014, now stays with grandparents and studies remotely. He was not incarcerated and recently visited an aunt in El Salvador.
His case is the latest involving a deportation carried out despite a court order.Kilmar Abrego Garciadeported to El Salvador despite a ruling that should have prevented it. The Trump administration initially fought efforts to return him to the US but eventually relented after being weighed by the US Supreme Court. And last June, a Guatemalan man identified as OCG wasreturned to the USafter a judge found that his removal from Mexico may have “lacked any semblance of due process.”
At a federal court hearing Tuesday in Boston, the government argued that the court lacked jurisdiction because Lopez Belloza’s lawyers filed their action hours after he arrived in Texas while on his way out of the country. But the government also admitted that it violated the judge’s order.
In court filings and in open court, government attorneys said an Immigration and Customs Enforcement deportation officer mistakenly believed the order was no longer in effect because Lopez Belloza had already left Massachusetts. The officer failed to activate a system that alerted other ICE officials that a case was subject to judicial review and that the removal should be halted.
“On behalf of the government, we want to sincerely apologize,” Assistant US Attorney Mark Sauter told the judge, saying the employee understood he “made a mistake.” The violation, Sauter added, “is an inadvertent error by an individual, not an intentional act in violation of a court order.”
In a declaration filed in court January 2, the ICE official also admitted that he did not notify the ICE enforcement office in Port Isabel, Texas, that the removal mission should be canceled. He said he believes the judge’s order will not apply once Lopez Belloza is out of state.
The governmentmaintains his deportation in accordance with the lawbecause an immigration judge ordered the removal of Lopez Belloza and her mother in 2016, and the Board of Immigration Appeals dismissed their appeal in 2017. Prosecutors said she could have pursued further appeals or sought a stay of removal.
His attorney, Todd Pomerleau, countered that he was fired in clear violation of the November 21 order and said the government’s actions deprived him of due process. “I hope the government will show some leniency and bring him back,” he said. “They violated the court order.”
US District Judge Richard Stearns said he appreciated the government recognizing the error, calling it a “tragic” bureaucratic error. But it appeared to reject the government’s ban on contempt, noting that the violation did not appear to be intentional. He also questioned whether he had jurisdiction over the case, which appeared to side with the government in ending the court order filed hours after he was sent to Texas.
“It might not be anyone’s fault, but she was the victim of it,” Stearns said, adding that Lopez Belloza could explore applying for a student visa.
Pomerleau said a possible resolution would be to allow Lopez Belloza to return to finish his studies while he works to reopen the agreed removal order.
This story was originally featured on Fortune.com
