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Judge Orders DACA Recipient Returned to U.S. After Unlawful Deportation

The case raises questions about how old removal orders are used against DACA recipients.

Overview

  • Estrada Juárez re-entered the United States at the end of March in a rare court-ordered return after a March 23 ruling gave the government seven days to bring her back.
  • She was detained during a Feb. 18 green-card appointment in Sacramento and deported to Mexico the next day, leaving her 22-year-old daughter without notice.
  • U.S. District Judge Dena Coggins found the removal unlawful, calling it a flagrant breach of her DACA protections and her Fifth Amendment due process rights.
  • The Department of Homeland Security defends the deportation as a lawful reinstatement of a 1998 removal order and says DACA does not grant legal status or immunity from arrest.
  • Her attorney argues the 1998 order was never final because a required supervisor review was missing, and says her DACA renewal is pending with her green-card bid still unresolved.