Immigration Law Is All About Family

Immigrant parent of sick child aims to avoid deportation

On Behalf of | Feb 14, 2018 | Removal Defense

Colorado residents may have heard that the father of a 5-year-old child who is battling cancer was recently ordered deported as part of an effort to crackdown on undocumented immigrants in the United States. However, he is currently staying at Shadow Rock United Church of Christ in Phoenix and plans to stay there for as long as it takes to resolve his case. The man had been deported once before in 2006, and he was apprehended again by Immigration and Customs Enforcement in 2016.

In that case, he was granted a stay of deportation to care for his child. ICE can grant a stay of deportation for any reason of its choosing. As parents of sick children are generally granted stays, the man was originally told that his deportation wasn’t a priority. His lawyer is considering asking a court to reconsider his immigration status because of how he was treated in 2006.

Both the man and his attorney claim that he wasn’t allowed to see an immigration judge prior to being deported. It is also possible that ICE will reconsider its decision to deport the man before he actually leaves the country. In addition to the 5-year-old, the man has four other children and another child on the way. His wife says that he is the only person currently earning money for the family.

Individuals who are going through deportation proceedings may want to work with a lawyer. An attorney could help persuade a judge to allow a client to remain in the country. If successful, a client may have a deportation order stayed.