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Judge Orders DHS To Return Migrant Deported to Honduras

Judge Orders DHS To Return Migrant Deported to Honduras

Summary

A federal judge ordered the Department of Homeland Security (DHS) to help a 21-year-old Honduran immigrant, Jose Martinez-Andino, return to the United States. The judge found that Martinez-Andino's rights were likely violated because immigration officials did not allow him proper access to a lawyer and ignored his attempts to cancel his voluntary departure before deporting him to Honduras.

Key Facts

  • Jose Martinez-Andino is a 21-year-old immigrant from Honduras who holds Special Immigrant Juvenile status.
  • He entered the U.S. as an unaccompanied minor in 2020 and works as a mechanic in North Carolina.
  • Martinez-Andino was detained by immigration authorities in Montana on March 18 and agreed to leave the U.S. voluntarily within 24 hours.
  • He claims the voluntary departure papers were not fully explained, and he thought signing was his only option.
  • Martinez-Andino says he tried multiple times to cancel the departure agreement and asked for a lawyer, but officials blocked him.
  • His lawyer was unable to find him during detention despite contacting immigration offices.
  • The judge ruled that the government likely violated Martinez-Andino’s constitutional rights by denying him access to counsel and ignoring his withdrawal of voluntary departure.
  • The court ordered DHS to facilitate his return to the U.S. after reviewing full arguments from both sides.
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