Huber Argueta, a Guatemalan citizen abruptly deported from the United States on March 19, has filed a lawsuit against the U.S. government in a federal court, claiming that his expulsion violated fundamental legal processes.
Argueta arrived in the U.S. in 2007 and, after starting a family with his wife, a U.S. citizen, began a process to regularize his immigration status, he stated to Telemundo 51.
In 2021, he received a federal pardon and is awaiting a consular appointment to obtain an immigrant visa based on marriage.
Three years later, on January 26, 2024, he was arrested for a case of driving under the influence of alcohol (DUI). On that occasion, an arrest warrant was issued in error, despite the fact that Argueta had legal representation.
It was subsequently canceled, although the Immigration and Customs Enforcement (ICE) proceeded with the arrest anyway.
On March 10 of this year, Argueta was arrested again, with no possibility to contact his lawyer or family, and was transferred to the Krome detention center in Florida.
According to her lawyer, Alexandra Friz García, Argueta had a scheduled immigration bond hearing for March 19; however, that very day he had already been deported to Guatemala without a court hearing or explanation.
According to the statement made before the court, the Guatemalan never signed a voluntary deportation request. “ICE could not do that without a judge's order,” said the lawyer.
“They didn't let me do anything… they just took me to the plane”, he said from Guatemala to Telemundo 51.
The lawsuit filed in the federal court for the Southern District of Florida seeks to have Argueta brought back to the U.S. to continue his legal proceedings and raises the possibility of a class action, suspecting that similar cases have occurred.
“Our theory is that this is not an isolated case”, states attorney Friz.
Argueta is currently in Guatemala, separated from his wife and daughters, who reside in Miami.
A similar and even more serious case occurred with Kilmar Ábrego García, a Salvadoran resident in Maryland since 2011, who was mistakenly deported to El Salvador despite having legal protection since 2019 due to the risk of violence.
On March 12, ICE arrested him for an alleged change of immigration status, without notification that he had a stay of deportation in effect. Within days, he was sent as a substitute on a deportation flight.
Once in his country, he was placed in the Terrorism Confinement Center (CECOT), the mass prison promoted by Nayib Bukele.
Although the Trump administration acknowledged the “administrative error,” its lawyers claim that U.S. courts lack jurisdiction to order his return because he is under foreign custody.
His family was only able to identify him in images shared on social media, where he appears among alleged gang members, escorted by hooded guards.
The defense argues that the alleged membership of Ábrego in MS-13 does not have solid legal backing, and that the deportation was a maneuver to evade judicial review.
The lawyer Simon Sandoval-Moshenberg described the situation as a mockery of the legal system. “If the court can't protect you, immigration laws are meaningless,” he stated.
Both cases reflect a concerning trend in the migration policies of the United States, where expedited deportations without due process guarantees, even in contexts with family ties, legal protection, or ongoing applications, are on the rise.
Frequently Asked Questions About Deportations and Immigration Processes in the United States
What are the reasons why Huber Argueta was deported without a judicial hearing?
Huber Argueta was deported without a court hearing despite having a scheduled immigration bond hearing. His deportation occurred on the same day as the hearing, suggesting a violation of legal processes, according to his attorney, Alexandra Friz García. Argueta never signed a request for voluntary deportation, and the attorney claims that ICE could not deport him without a judge's order. The lawsuit seeks to have Argueta brought back to the U.S. to continue his legal process.
What problems do immigrants face with the I-220A form?
The I-220A form allows for the release of immigrants under certain conditions, but it does not grant immigration benefits, leaving beneficiaries in a legal limbo. They are not eligible to adjust their status under the Cuban Adjustment Act, which has created uncertainty about their ability to remain in the United States. Lawyers are working on lawsuits to find legal solutions for these immigrants.
What potential consequences do Cuban immigrants with old deportation orders face?
Cuban immigrants with old deportation orders, even if they have complied with the conditions of their release under I-220A, can be classified as deportation priorities by ICE. This has caused fear and confusion in the Cuban community, which fears being deported despite having no criminal record and being in the process of regularization. The Trump administration has tightened immigration policies, leading to increased uncertainty.
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