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ICE keeps Vizguerra in custody and confirms prior charges

DETAINED AND AT RISK OF REMOVAL| Jeanette Vizguerra. (Photo/ICE)

LAWYERS URGE THE COURT TO STOP HER DEPORTATION

Newsroom El Comercio de Colorado

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The U.S. Immigration and Customs Enforcement (ICE) confirmed today, Wednesday, that Jeanette Vizguerra, 53, remains in custody and faces the risk of being removed from the country. In its official statement, ICE reported that the Mexican activist was arrested on March 17 in Denver without incident and will remain detained until her deportation.

The agency detailed that Vizguerra has prior convictions for possession of forged documents and illegal entry into the country. The statement, accompanied by a photograph of Vizguerra, points out that her arrest is based on those prior convictions and reiterates that she is considered removable under current immigration law.

ICE released this information nearly 48 hours after the arrest and is expected to provide further details about her legal and immigration status in the coming hours. Meanwhile, Vizguerra’s legal team, led by attorney Laura Lichter, filed a Habeas Corpus petition in federal court.

Defense’s legal arguments

The lawyers seek to halt the activist’s deportation, arguing that her detention is illegal and lacks legal basis. They claim there is no active deportation order against Vizguerra and that ICE is basing its actions on an invalid procedure from 2013. The defense maintains that Vizguerra complied with a voluntary departure granted in 2011.

The attorneys argue that, since then, the deportation suspension extensions granted by ICE reflect the agency’s recognition that there is no active deportation process. They insist that any attempt to use that outdated order would be a serious violation of due process.

So far, it is unknown whether the court has admitted the legal petition or what actions will follow in the coming hours. Vizguerra’s family, her lawyers, and immigrant rights organizations warn of the imminent risk that the activist will be deported, which would separate her from her three U.S. citizen children.

Text of ICE’s position on the case of Jeanette Vizguerra

Statement Attributable to an ICE spokesperson: “Jeanette Vizguerra is a convicted criminal alien from Mexico who has a final order of deportation issued by a federal immigration judge. She illegally entered the United States near El Paso, Texas, on Dec. 24, 1997, and has received legal due process in U.S. immigration court.

“Under President Trump and Secretary Noem, we are once again a nation of laws. We will find, arrest, and deport illegal aliens regardless of if they were a featured ‘Time Person of the Year.’ If you come to our country illegally, we will deport you, and you will never return. The safest option for illegal aliens is to self-deport, so they still have the opportunity to return and live the American dream.”

On Background:

On Feb 26, 2009, Arapahoe County Court, Centennial, Colo. Convicted Vizguerra of forged instrument possession.
On Feb. 27, 2009, ICE took custody of Vizguerra from the Arapahoe County Sheriff’s Office pursuant to an immigration detainer.
On March 11, 2009, Vizguerra was released from ICE custody after posting an immigration bond.
On March 27, 2009, Arapahoe County Court convicted Vizguerra of failure to display proof of insurance and driving without a license and ordered her to pay fines.
On Nov. 18, 2011, a federal immigration judge denied Vizguerra her application for relief from immigration proceedings but granted her a voluntary departure (considered an immigration benefit).
She failed to depart the U.S. per the terms of the order.
On Sept. 8, 2012, Vizguerra self-removed to Mexico.
On April 22, 2013, U.S. Border Patrol arrested Vizguerra in Candelaria, Texas, after she illegally returned to the U.S., and referred her case for federal prosecution for illegal re-entry after removal (a felony).
On May 1, 2013, the U.S. District Court for the Western District of Texas, Pecos Division, convicted Vizguerra of illegal entry (a misdemeanor), and sentenced her to one year of unsupervised probation.
On May 2, 2013, Vizguerra entered ICE custody in El Paso, Texas, where her prior removal order was reinstated.
On June 7, 2013, ICE in El Paso released Vizguerra on an order of supervision.
On July 2, 2014, ICE granted Vizguerra application for stay of deportation until Feb. 1, 2015.
On Feb. 20, 2015, ICE in Denver granted Vizguerra application for stay of deportation until Aug. 19, 2015.
On Feb. 15, 2017, ERO Denver denied another application for stay of deportation. Her counsel notified ICE that she would be taking sanctuary in the First Unitarian Society Church in Denver and would not be reporting to ICE as ordered.
On March 7, 2019, ICE denied Vizguerra application for stay of removal.
On May 9, 2019, USCIS denied Vizguerra Petition for U Nonimmigrant Status.
On May 22, 2019, USCIS denied Vizguerra Application for Advance Permission to Enter as Nonimmigrant.
On June 21, 2019, Vizguerra- filed a Notice of Appeal or Motion, Form I-290B, for the May 22, 2019, denial of the Application for Advance Permission to Enter as Nonimmigrant.
On November 4, 2019, USCIS denied the Notice of Appeal or Motion that was filed on June 21, 2019.
On December 20, 2021, ERO Denver granted a Stay of Deportation or Removal for one year.
On February 8, 2023, ERO Denver granted Vizguerra Application for Stay of Deportation or Removal for one year, expiring February 2024.
On March 17, 2025, ERO Denver arrested Vizguerra and placed her into custody in the ICE Denver Contract Detention Facility.
On March 18, 2025, Vizguerra filed a Petition for Writ of Habeas Corpus with the United States District Court, District of Colorado.