English

Jeanette Vizguerra’s Attorneys Challenge ICE Over Illegal Detention

FILE A HABEAS CORPUS PETITION DEMANDING HER RELEASE

Newsroom El Comercio de Colorado

Haga click aquí para leer la versión en español

The legal team representing migrant activist Jeanette Vizguerra has filed a habeas corpus petition in Federal Court in Colorado, demanding her immediate release. The attorneys argue that the detention, which occurred on March 17, is illegal because ICE has no authority to hold her, nor is there a valid deportation order in effect.

In the lawsuit, attorneys Brian Green and Mark Barr state that ICE has neither initiated a new deportation process against Vizguerra nor presented a valid order to justify her detention at the Aurora detention center in Colorado. “Jeanette has no active deportation order. In 2011, she was granted voluntary departure, and she complied with that order by traveling to Mexico in 2012,” they explained.

According to the court filing, the confusion in Vizguerra’s case stems from a procedural error made by ICE in 2013 when the agency tried to reinstate a supposed deportation order. “ICE issued that order before notifying Jeanette and without allowing her to exercise her right to challenge it. Legally, that invalidates the process,” the defense argues.

Nevertheless, since then, ICE has repeatedly granted her stays of removal. The defense warns that ICE is now trying to use that flawed 2013 order to justify her current detention, which would violate her due process rights and immigration laws. “Jeanette cannot be detained if there is no legal basis. Authorities must release her immediately,” the filing states.

Facing Imminent Deportation

The habeas corpus petition emphasizes the imminent risk of Vizguerra being deported to Mexico, separating her from her three U.S. citizen children. “Only an order from this Court can prevent her transfer or deportation,” her attorneys warn.

Vizguerra’s case has sparked concern among immigrant rights and human rights advocates in Colorado. Since her detention, Vizguerra has had brief contact with her family, who now fear ICE may try to transfer her to another detention center.

Case Background

Jeanette Vizguerra, a well-known leader of the sanctuary movement, arrived in the United States in 1997 and has since fought for immigrant rights. Her story of resilience earned her a spot on Time magazine’s list of the “100 Most Influential People in the World” in 2017.

In 2012, Vizguerra left the country to attend her mother’s funeral in Mexico and returned months later, triggering years of legal conflict with ICE. Since then, she has reported being targeted by immigration authorities due to her activism.

The community and her lawyers are demanding her immediate release and the protection of her constitutional rights. A campaign to support her family remains active on GoFundMe: https://gofund.me/5cb78117.

Read the full Habeas Corpus petition

Jeanette Vizguerra’s Attorneys Challenge ICE Over Illegal Detention

“Sentir ese respaldo nos dio fuerza para aguantar este primer día”, confesó Luna. La jornada cerró con un triunfo parcial. Jeanette seguía en Colorado, no había sido trasladada ni deportada. Luna lo resume con alivio: “Por ahora resistimos, y eso ya es una victoria”. La batalla continúa, pero la familia Vizguerra sabe que no está sola.