A Mexican national is requesting a federal judge’s assistance in his return to the United States. Ernesto Zuniga Hilario, who lived in the U.S. for nearly 20 years, claims immigration authorities deported him without a valid removal order despite his refusal to voluntarily leave.
According to Zuniga Hilario, Immigration and Customs Enforcement (ICE) detained him in Texas in September and removed him to Mexico. He alleges he wasn’t given a chance to understand or dispute the government’s legal grounds. His legal team filed a habeas corpus petition in the U.S. District Court for the Western District of Texas.
Zuniga Hilario stated he last entered the U.S. without inspection in 2008, residing near Lometa, Texas, before his detention. He is married to Obdulia Cervantes Vega, a lawful permanent resident, and they have four U.S.-citizen children.
The Department of Homeland Security (DHS) spokesperson refuted his allegations, stating Zuniga Hilario signed a voluntary departure form on September 6 and left the U.S. on September 16. DHS emphasizes that breaking U.S. laws is inadvisable.
This account contradicts Zuniga Hilario’s petition, which claims he wanted a chance to present his case and appear before an immigration judge. DHS stated he was arrested by ICE on September 6 following a traffic stop by the Lampasas County Sheriff’s Office.
Under past federal policies, there have been instances of deportations executed against court orders. Federal judges sometimes direct DHS to facilitate returns for improperly deported individuals.
The lawsuit asserts no legal basis existed for deporting Zuniga Hilario, as no expedited removal order or judge-issued one applied. He acknowledges past encounters with immigration authorities but says none resulted in a removal order.
While traveling for a family member’s therapy appointment, officers allegedly apprehended him and held him at the T. Don Hutto detention facility in Taylor, Texas. Court filings include a detainee-locator record pinpointing the detention site.
Zuniga Hilario claims he repeatedly declined voluntary departure offers, seeking legal challenge opportunities. Allegations in the filing state authorities transported him on a bus to an airport and flew him to Mexico City without allowing him to contest his removal.
The petition alleges denial of due process, as officials purportedly failed to notify him or permit contesting a reinstated removal order. With his case filed post-removal, Zuniga Hilario faces jurisdictional challenges. However, his attorneys argue this situation is unique due to the lack of a valid removal order and denied challenge opportunities.