immigration judge

WASHINGTON — A federal judge on Monday ordered the government to return to the U.S. a California DACA recipient who was deported last month to Mexico.

U.S. District Judge Dena Coggins in Sacramento gave the government seven days to return Maria de Jesus Estrada Juarez, 42, and restore her protections under the Obama-era program Deferred Action for Childhood Arrivals, “as if her Feb. 19, 2026 removal never occurred.”

A lawyer for Estrada Juarez argued that she was unlawfully deported within a day of appearing at a scheduled immigration appointment in Sacramento.

Lawyers for the government, meanwhile, argued that the court lacked jurisdiction over Estrada Juarez’s case because her petition was filed after she was deported and because her removal was a discretionary decision the government is entitled to.

Coggins said she found the government’s argument “unavailing,” writing in her ruling that Estrada Juarez “was removed in flagrant violation of the regulatory protections afforded to her under DACA, and in violation of the Constitutional protections afforded to her under the Due Process Clause of the Fifth Amendment to the U.S. Constitution.”

In a statement, Estrada Juarez said she was “overwhelmed with relief and hope” after learning the court’s decision.

The Department of Homeland Security said it had reinstated an expedited removal order for Estrada Juarez from 1998, when she was 15. But her lawyer, Stacy Tolchin, said the record showed that the order lacked supervisory approval and was never finalized, so there was no valid removal order to reinstate.

Homeland Security previously told The Times that an immigration judge had ordered Estrada Juarez’s deportation in 1998 “and she was removed from the United States shortly after.” Tolchin said Estrada Juarez never saw an immigration judge.

Estrada Juarez, who worked as a regional manager for Motel 6, has had protection from deportation under DACA since 2013. She applied for legal permanent residency, or a green card, through her daughter, Damaris Bello, 22, who is a U.S. citizen.

Her deportation after the green card interview garnered public attention and outrage from members of Congress, including Sen. Alex Padilla (D-Calif.).

Tolchin filed the lawsuit seeking her return on March 10.

DACA was created to protect undocumented people who were brought to the U.S. as children.

As of June 2025, there were more than 515,000 DACA recipients, known as “Dreamers,” in the U.S. California has 144,000 DACA recipients, the most of any state, according to federal data.

WASHINGTON — Attorneys for a Sacramento DACA recipient who was deported to Mexico last month have filed a lawsuit against the federal government seeking her immediate return to the U.S.

Maria de Jesus Estrada Juarez, 42, was detained Feb. 18 during a scheduled interview for her green card application. She was deported to Mexico the next day, despite having active deportation protection through the Obama-era program Deferred Action for Childhood Arrivals.

According to the lawsuit, Estrada Juarez, who worked as a regional manager for Motel 6, was deported without being provided notice of a lawful removal order and without the opportunity to fight her case before an immigration judge.

“Maria’s deportation was unlawful and violated basic principles of due process,” said her attorney Stacy Tolchin. “She had a valid DACA status, she appeared for her immigration appointment as instructed, and she should never have been removed from the country.”

Estrada Juarez’s case garnered public attention and outrage from members of Congress, including Sen. Alex Padilla (D-Calif.), after being published in the Sacramento Bee.

According to her lawsuit, which was filed Tuesday,it’s unclear whether an order for her removal was ever issued. And even if one was issued, the complaint says, “Petitioner could not legally be removed from the United States while in DACA status.”

The complaint states that the one document Estrada Juarez received was a verification of her physical removal from the U.S. — not a removal order. The document states that she is barred from returning to the U.S. for 10 years because she had been ordered removed by an immigration judge.

The lawsuit calls that contention untrue — Estrada Juarez has never been in removal proceedings and has never seen an immigration judge. Her arrest at her immigration interview was the first time she learned she had been ordered removed in 1998.

The Department of Homeland Security told The Times that a judge had ordered Estrada Juarez’s deportation in 1998 “and she was removed from the United States shortly after.”

“She illegally re-entered the U.S. — a felony,” Homeland Security said. “She was arrested and her final order re-instated. ICE removed her from the U.S. on February 19, 2026.”

In 2014, Estrada Juarez went to Mexico using a travel permission for DACA recipients known as advance parole. She reentered the U.S. legally on Dec. 28, 2014.

According to the lawsuit, “reinstatement of removal requires an illegal reentry, and Petitioner’s last entry was on advance parole so would not fall under that ground.”

The lawsuit includes an emergency request for the federal government to facilitate Estrada Juarez’s return while the case is pending.

Estrada Juarez applied for legal permanent residency, or a green card, through her daughter, Damaris Bello, 22, a U.S. citizen. Her DACA status is valid until April 23, according to the lawsuit, and she has a pending renewal application.

Estrada Juarez said the U.S., where she lived for 27 years since her arrival at age 15, is the only home she has ever known.

“I followed the rules and showed up to my immigration appointment believing I was taking the next step toward stability,” she said. “Instead, I was taken away from my daughter and forced out of the country overnight.”