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Judge Orders Return of DACA Recipient Deported After Green-Card Interview

The ruling sets a seven-day deadline that tests court power to undo unlawful removals.

Overview

  • U.S. District Judge Dena Coggins in Sacramento issued the order Monday, giving the government seven days to return Maria de Jesus Estrada Juarez and to restore her DACA benefits as if the Feb. 19 removal never happened.
  • Estrada Juarez was detained at a scheduled green-card interview in California and deported to Mexico less than 24 hours later while her DACA status was active.
  • The court found a flagrant breach of DACA protections and a violation of Fifth Amendment due process, rejected the government’s claim that the court lacked jurisdiction, and cited Ninth Circuit precedent allowing returns in extreme circumstances.
  • DHS says it reinstated a 1998 removal order and calls her later entry illegal, while her attorney argues the old order lacked required supervisory approval and could not lawfully be used to deport her.
  • Compliance with the March 30 deadline remains pending as lawmakers seek clarity on conflicting DHS counts of DACA arrests and deportations, a dispute that could shape oversight and future remedies for unlawful removals.