Deported Mexican National Seeks Return, Alleges Due Process Violations

A Mexican national, Ernesto Zuniga Hilario, is petitioning a federal judge to assist in his return to the United States. Zuniga claims that U.S. immigration authorities deported him without a valid removal order, disregarding his multiple refusals to leave the country.

Zuniga states that Immigration and Customs Enforcement (ICE) detained him in Texas in September. He argues that they removed him to Mexico without providing a meaningful opportunity to comprehend or challenge the legal grounds for his deportation. His attorneys have filed a petition for a writ of habeas corpus in the U.S. District Court for the Western District of Texas.

According to the petition, Zuniga last entered the U.S. without inspection around 2008 and was residing near Lometa, Texas, before his detention. He is married to Obdulia Cervantes Vega, a lawful permanent resident, and has four children who are U.S. citizens.

A Department of Homeland Security (DHS) spokesperson informed Newsweek that allegations about Zuniga’s due process violation are untrue. They stated that he voluntarily signed a departure form on September 6 and left for Mexico on September 16. DHS highlighted that breaking U.S. laws has consequences.

This account conflicts with Zuniga’s claim. He asserts that he did not agree to voluntary departure, seeking instead to have his case heard by an immigration judge. Zuniga was arrested by ICE on September 6 following a traffic stop by the Lampasas County Sheriff’s Office. The agency claims he entered the U.S. illegally by crossing the border on foot at an unknown time and date.

Under the Trump administration’s policies, cases of wrongful deportations have occurred, sometimes against court orders. Federal judges have occasionally mandated DHS to facilitate the return of individuals wrongly deported.

Zuniga’s lawsuit contends that immigration authorities had no legal basis for his deportation because he was not subject to an expedited removal order or one from an immigration judge. He acknowledges interactions with immigration officials before but asserts none led to a removal order.

According to court documents, Zuniga was apprehended while traveling with his family for a therapy appointment. He was held at T. Don Hutto detention facility in Taylor, Texas. During detention, Zuniga alleges he was repeatedly asked to leave voluntarily, which he refused, hoping for a judicial hearing.

Instead, he alleges authorities moved him to a bus, took him to an airport, and flew him to Mexico City, denying him a chance to challenge the deportation. Zuniga considers his deportation involuntary.

The lawsuit also claims a due process violation. His attorneys argue that if a prior removal order was being reinstated, he should have been informed and allowed to contest the decision, which did not occur.

The petition admits a potential jurisdictional issue because the case was filed post-removal. However, his legal team argues the government acted without a proper removal order and without granting him a chance to challenge the action.