BOSTON (AP) — The Trump administration apologized in court for a “mistake” in the deportation of a Massachusetts college student who was detained while trying to fly home to surprise her family for Thanksgiving, yet argued the error should not affect her legal case.
Lucia Lopez Belloza, a 19-year-old freshman at Babson College, was apprehended at Boston's airport on November 20 and deported to Honduras two days later. Her removal took place despite an emergency court order issued on November 21 that barred the government from deporting her for a minimum of 72 hours.
Having moved to the U.S. from Honduras with her family in 2014, Lopez Belloza is now staying with her grandparents and attending classes remotely. She is currently not detained and had recently visited an aunt in El Salvador.
Her situation echoes other cases where deportations occurred despite existing court orders, including that of Kilmar Abrego Garcia, who was sent back to El Salvador despite legal protections, and a Guatemalan national identified as O.C.G., who was found to have been removed without due process.
In a federal court hearing in Boston, government representatives argued that the court did not have jurisdiction over Lopez Belloza's case, as her legal team submitted their appeal after she had already flown out of Massachusetts. However, they admitted to violating the judge’s order.
In court filings, government lawyers stated an Immigration and Customs Enforcement (ICE) officer believed the order no longer applied and failed to activate a notification system that alerts personnel about cases under judicial review.
During the hearing, Assistant U.S. Attorney Mark Sauter expressed regret on behalf of the government, clarifying that the error was a misunderstanding, not an intentional act to disregard the court's order. He acknowledged the ICE officer's mistake and emphasized it was not a willful violation.
Despite the government asserting that Lopez Belloza's deportation was lawful due to earlier immigration court decisions, her lawyer, Todd Pomerleau, contended that her removal blatantly disregarded the court's directive and deprived her of due process. He remarked, I was hoping the government would show some leniency and bring her back. They violated a court order.
U.S. District Judge Richard Stearns commended the government for acknowledging the error, referring to it as a “tragic” bureaucratic blunder. He hinted that the violation was not intentional and raised questions regarding his jurisdiction in the case, indicating the appeal was submitted after Lopez Belloza had already departed.
Stearns added, It might not be anybody's fault, but she was the victim of it, and suggested that Lopez Belloza could apply for a student visa. Pomerleau believes that a potential resolution would involve allowing her return to continue her studies while addressing the removal order.
Lucia Lopez Belloza, a 19-year-old freshman at Babson College, was apprehended at Boston's airport on November 20 and deported to Honduras two days later. Her removal took place despite an emergency court order issued on November 21 that barred the government from deporting her for a minimum of 72 hours.
Having moved to the U.S. from Honduras with her family in 2014, Lopez Belloza is now staying with her grandparents and attending classes remotely. She is currently not detained and had recently visited an aunt in El Salvador.
Her situation echoes other cases where deportations occurred despite existing court orders, including that of Kilmar Abrego Garcia, who was sent back to El Salvador despite legal protections, and a Guatemalan national identified as O.C.G., who was found to have been removed without due process.
In a federal court hearing in Boston, government representatives argued that the court did not have jurisdiction over Lopez Belloza's case, as her legal team submitted their appeal after she had already flown out of Massachusetts. However, they admitted to violating the judge’s order.
In court filings, government lawyers stated an Immigration and Customs Enforcement (ICE) officer believed the order no longer applied and failed to activate a notification system that alerts personnel about cases under judicial review.
During the hearing, Assistant U.S. Attorney Mark Sauter expressed regret on behalf of the government, clarifying that the error was a misunderstanding, not an intentional act to disregard the court's order. He acknowledged the ICE officer's mistake and emphasized it was not a willful violation.
Despite the government asserting that Lopez Belloza's deportation was lawful due to earlier immigration court decisions, her lawyer, Todd Pomerleau, contended that her removal blatantly disregarded the court's directive and deprived her of due process. He remarked, I was hoping the government would show some leniency and bring her back. They violated a court order.
U.S. District Judge Richard Stearns commended the government for acknowledging the error, referring to it as a “tragic” bureaucratic blunder. He hinted that the violation was not intentional and raised questions regarding his jurisdiction in the case, indicating the appeal was submitted after Lopez Belloza had already departed.
Stearns added, It might not be anybody's fault, but she was the victim of it, and suggested that Lopez Belloza could apply for a student visa. Pomerleau believes that a potential resolution would involve allowing her return to continue her studies while addressing the removal order.
