Inside a courtroom in San Francisco, Rosa Lopez sat anxiously with her daughter as they awaited the fate of her husband, Miguel Lopez. The 47-year-old has been fighting to return to the United States after being deported to Chimalhuacán, Mexico, in June. This case has held significant implications for their family, who have lived in the U.S. for nearly three decades.
On October 3, 2023, the court heard arguments regarding a possible path for Miguel to return to Livermore, where he had built his life with Rosa and their three children. His legal team is contesting a deportation order issued by the U.S. Department of Homeland Security (DHS) after the revocation of his green card in 2014.
During the hearing, attorney Saad Ahmad emphasized that they were not challenging the removal order itself but were seeking a review of the decision. Ahmad argued that the revocation of Miguel’s green card violated his due process rights. “We believe that this court does have discretion and can provide meaningful relief to the plaintiff,” he stated.
Miguel’s journey in the U.S. began in 1996 when he entered the country at the age of 18. He initially faced challenges, including a false declaration of U.S. citizenship to the U.S. Customs and Border Protection. After being denied entry, he re-entered a few weeks later and settled in Livermore. In 2007, he applied for a green card, but it was denied due to the previous misrepresentation. However, he was granted a green card by an immigration judge in November 2012, only for the DHS to appeal and later reinstate removal proceedings in 2016.
Judge Trina L. Thompson presided over the case and questioned the merits of Miguel’s removal. She had previously issued an injunction to halt his deportation in June, demonstrating her engagement with the case. On Tuesday, Judge Thompson set a subsequent hearing date for October 30, where she will determine whether the court has jurisdiction to review the DHS’s decision.
Outside the courtroom, Rosa expressed relief after the hearing, viewing the judge’s decision as a positive step. “I’m happy, this is one step forward,” she said, while also acknowledging the anxiety surrounding their uncertain future.
Support from the community has been unwavering since Miguel’s unexpected detention in May. A prayer chain has formed, and a banner reading “Bring Miguel Home” was displayed over a freeway in Livermore. Rosa expressed gratitude for this support, stating, “All I ask for right now is more prayers.”
Meanwhile, Miguel, separated from his family, visited a church to pray before the hearing. He shared his hopes for a favorable outcome and expressed optimism about the future despite the challenges ahead. “There is a light at the end of the tunnel,” Ahmad noted, as he also mentioned a private bill, H.R. 5244, introduced by U.S. Representative Eric Swalwell on September 10, which aims to support Miguel’s naturalization.
As the family navigates this complex legal landscape, they remain hopeful for a resolution that would allow Miguel to return to the life he built in the United States, surrounded by family and community. The next steps in the legal process will be crucial in determining the future for the Lopez family.