U.S. Federal Appeals Court Orders Immigration Officials to Reconsider the Deportation of a Mother to Mexico

The Washington Post reported, in January, that the Board of Immigration Appeals must provide a spouse and mother of four children a new chance to show the deportation would endanger her life. The three-judge panel, based in Ohio, determined that the Board improperly rejected her request to reopen her asylum request even though there were credible threats that a Mexican drug cartel had kidnapped her father and threatened her safety.

The decision was written by Judge John K. Bush. Even though Judge Bush was appointed by President Donald Trump, who has taken a tough stance on illegal immigration, he found that the Board of Immigration Appeals had, in its May 2017, decision ignored a clear danger.

The news article stated that since the deportation, the mother, Maribel Trujilo Diaz, couldn’t sleep, had difficulty eating, and constantly feared for her safety and for the safety and health of her children. Two of her children who remained in Ohio had serious health problems.

The history of the mother’s deportation

Ms. Diaz applied for asylum after a raid of a chicken-processing plant discovered close to 200 undocumented workers, including Ms. Diaz. Her claim for asylum was denied in 2012 based on the Immigration Board’s finding that her siblings and parents had not been harmed by the drug gang, which indicated that there was no clear likelihood of persecution. The Obama administration and ICE deferred her deportation so long as she informed ICE (U.S. Immigration and Customs Enforcement) of her whereabouts. In 2016, she was even granted a one-year work order.

Ms. Diaz’s fortunes changed in 2017, after the election of President Trump. His administration sought to enforce the deportation decision. In the spring of 2017, Ms. Diaz’s attorneys argued that her case should be reopened. Her immigration lawyers argued again that there was evidence that her life would be in danger if she had to move back to Mexico. Evidence was presented by her father who filed a sworn statement asserting:

• Diaz’s brother fled Mexico so he wouldn’t be forced to work for La Familia, a Mexican drug cartel.
• In retaliation for the brother’s escape, another cartel, the Knights Templar, kidnapped the father of Ms. Diaz. Knights Templar is well-known in Mexico and the United States as a dangerous drug cartel which extorted money from businesses and individuals and carried out its threats.
• Knights Templar threatened to harm the father’s family including Ms. Diaz.

The request to reopen her case was denied in May, 2017 based on the finding that there still wasn’t enough evidence to show her life was at risk – even with her father’s statements.

The three-judge panel, led by Judge Bush, found her father’s statements more than credible. Her life was in clear danger. The appellate court rightly ordered that her case be reopened and that it be reheard by the Board of Immigration Appeals.

Ms. Diaz’s cause received bipartisan support including the support of Ohio Governor John Kasich. Governor Kasich emphasized that families should be preserved, not broken apart. Other supporters asserted that her deportation violated standard deportation norms because there was no risk of flight. Several Catholic dioceses also supported the reopening of her case.

This case confirms that dedicated and persistent immigration lawyers, such as our Knoxville immigration attorneys, can make a difference – even in the charged immigration atmosphere that exists today.

At the Law Offices of LaFevor & Slaughter, our Tennessee immigration lawyers are tenacious in fighting to keep immigrants from being deported. We demand that immigration authorities follow the laws and demand that cases be reopened when the evidence justifies reconsideration. Please call us at 865-637-6258 or complete our contact form to arrange a free consultation. Our Knoxville lawyers are dedicated to helping you and your loved ones live in and enjoy America.