A Mexican national, Ernesto Zuniga Hilario, who lived in the United States for nearly two decades, has initiated legal proceedings to challenge his deportation. He argues that immigration officials deported him without a valid removal order and against his expressed refusal to leave the country.
In September, U.S. Immigration and Customs Enforcement (ICE) detained Zuniga Hilario in Texas and subsequently deported him to Mexico. He claims he was not provided with a fair chance to comprehend or contest the legal grounds for his deportation. His legal representatives filed a petition for a writ of habeas corpus in the U.S. District Court for the Western District of Texas.
According to court documents, Zuniga Hilario last entered the United States without inspection around 2008 and resided 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.
The Department of Homeland Security (DHS) spokesperson refuted his claims, stating that Zuniga Hilario signed a voluntary departure form and returned to Mexico of his own accord. They emphasized that violating U.S. laws is inadvisable.
However, Zuniga Hilario’s petition contradicts this, asserting that he repeatedly declined voluntary departure because he intended to present his case to an immigration judge. DHS reported his arrest by ICE occurred after a traffic stop by the Lampasas County Sheriff’s Office, claiming he had entered the U.S. illegally on an undetermined date by crossing the border on foot.
During his detention at T. Don Hutto detention facility in Taylor, Texas, Zuniga Hilario states that officers frequently inquired if he wished to leave voluntarily. He declined, expecting a judicial hearing, but was instead transported to Mexico City without the chance to contest the removal legally.
The lawsuit accuses authorities of lacking legal grounds for his deportation, arguing the absence of an expedited removal order or one issued by an immigration judge. Though Zuniga Hilario recalls past encounters with immigration officers, he contends none concluded with a removal order.
His attorneys highlight a procedural hurdle since his case was filed post-removal. Nonetheless, they argue his circumstances are unique, claiming he was deported without a valid underlying removal order and denied an opportunity to dispute it.
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