DACA mom of 3 US citizens, deported

Undocumented Mom Of 3 U.S. Citizen Kids Deported Even After She Showed Legal Travel Document

A 32-year-old undocumented mother, who was granted temporary deportation reprieve under President Obama’s 2012 executive action known as the Deferred Action for Childhood Arrivals (DACA) program, was deported to Mexico after she tried to reenter the country legally with an immigration document allowing her to travel abroad to visit an ailing family member.

http://thinkprogress.org/immigration...e-deportation/

But when she returned to the U.S. on Monday, authorities stopped her in Chicago O’Hare International Airport, citing the 2004 deportation order, her lawyer said. By Tuesday, they had deported Cortez-Martinez back to Mexico.

http://www.huffingtonpost.com/entry/...b08069c7a56417

AUTION: However, for those individuals who have been ordered deported or removed, before you actually leave the United States,
you should seek to reopen your case before the Executive Office for Immigration Review (EOIR) and obtain administrative closure
or termination of your removal proceeding. Even after you have asked EOIR to reopen your case, you should not leave the United States
until after EOIR has granted your request. If you depart after being ordered deported or removed (even with advance parole),
and your removal proceeding has not been reopened and administratively closed or terminated, your departure may result
in your being considered deported or removed, with potentially serious future immigration consequences.
If you have any questions about this process, you may contact U.S. Immigration and Customs Enforcement (ICE) through
the local ICE Office of the Chief Counsel with jurisdiction over your case.
http://discuss.ilw.com/content.php?4...ted-DACA-F-A-Q

In a nut shell, I think her Lawyer should have checked whether she had been ordered deported or removed, if so, he should have sought to have that order administratively closed, why pay the lawyer then??

Damn, I feel for her and her children. The article states that she is stuck in Mexico for 10 years. Damn!!! I would not take that type of risk.

Under U.S. law, people who have been slapped with a deportation order are barred from returning to the country for 10 years.

“There’s no legal remedy for her under current immigration law,” Ruiz-Velasco said. “Now that she’s been removed, she’s not eligible for DACA anymore.”

but with DACA You are UNNTTOOUCABLLEEEE said no one

So AP doesn't work if you had a deportation order and only works if you just had an EWI? If that's the case, why would she not run her plan by a lawyer first or did she try to risk it? I know with my lawyer if I ask for anything remotely risky, he shoots me down. How do people forget a deportation order? Still sad, but goes to show you that DACA is a great gift but don't abuse it.

On the bright side, her citizen kids can visit her any time they want and apply for her green card when they're 21 so she will have her green card in exactly 10 years...assuming she doesn't get any kind of legal relief now. And she had lived there till she was 15 so it's not like she was a 3 year old who had returned to a country she knew nothing about so she'll be fine and will be able to survive and feel comfortable there or hell, she can have more kids since she's so good at it. I kid...but seriously, 3 kids? Where is the father?

I recall there were some dreamers that turned themselves into CBP at the U.S./Mexico Border and I think they got DACA , don't have the source handy , but that may be an option.

Problem is people like her believe if they got approved for DACA then for some reason their deportation order magically goes away.

I remind you guys again that ICE and USCIS are NOT the same thing

Yup. It's just a lifeline to keep you from drowning until they can figure out a way to get you back on the ship, but don't go poking the sharks. Also why I always tell people to talk to a (good) lawyer because it's easy to read the stories about AP on here and think it's a piece of cake.

This!

Pretty much this. The removal order stays with you until an act of congress, an immigration judge, or the BIA vacates it.

So what's next for her? Pretty much nothing. I am not even sure if this case can be appealed to the BIA with the argument that since travel on AP doesn't trigger 3 and 10 year re-entry bans, she shouldn't be denied re-entry. Could probably start one in a federal court.


So yeah kids, get your removal orders dealt with before you travel on AP, sleepwalking through life gets you into shit like that.