Colorado Politics

Federal judge instructs government not to deport Jeanette Vizguerra before court decision

A federal judge on Friday instructed the government not to remove detained immigration activist Jeanette Vizguerra from Colorado or deport her from the United States before a ruling on her petition for release.

U.S. District Court Judge Nina Y. Wang wrote in a March 21 order that an injunction preserving the status quo will “permit this Court the opportunity to thoughtfully consider the issues raised by both sides to achieve the ends of justice entrusted to this Court.”

While not explicitly casting doubt on the Trump administration’s willingness to proceed according to her schedule, Wang justified her injunction in part by alluding to a recent case in which the government removed detainees from the country even though the petitioners initially prevailed in federal court.

Vizguerra, who is proceeding in court under the name Vizguerra-Ramirez, is a citizen of Mexico who gained attention during the first Trump administration for speaking out about immigration reform and seeking sanctuary from deportation in multiple Denver churches. In 2017, Time magazine named her one of its 100 most influential people of the year.

On March 18, Vizguerra’s lawyers filed a petition for habeas corpus in Colorado’s federal trial court on her behalf, alleging U.S. Immigration and Customs Enforcement officers detained her in violation of her right to due process at the Aurora ICE facility, which is privately operated by the GEO Group. Wang ordered the government to respond by Monday, and she will hold a hearing on the petition on March 28.

In her latest order, Wang, a Joe Biden appointee, noted Vizguerra’s case was unique both for its factual circumstances and because a related petition is simultaneously pending before the Denver-based U.S. Court of Appeals for the 10th Circuit.

“This case raises complex issues about not only the legality of Ms. Vizguerra-Ramirez’s ICE detention under immigration law, but also the jurisdictional interplay between district and appellate courts facing this specific set of factual circumstances,” she wrote. “And in its own independent research, this Court found no case on all fours, where the petitioner claimed that she was granted voluntarily departure and departed within the requisite time period — resulting in no valid Order of Removal that could be reinstated upon reentry — and that the reinstatement of the prior removal order was further procedurally flawed.”

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Nominee to be United States District Judge for the District of Colorado Nina Nin-Yuen Wang, testifies before the U.S. Senate Judiciary Committee during her confirmation hearing on Capitol Hill in Washington U.S., May 25, 2022.

REUTERS/Joshua Roberts







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Nominee to be United States District Judge for the District of Colorado Nina Nin-Yuen Wang, testifies before the U.S. Senate Judiciary Committee during her confirmation hearing on Capitol Hill in Washington U.S., May 25, 2022.






However, Wang also warned that if the government deported Vizguerra while the case was pending, she was unsure if she could retain jurisdiction to act.

“Given the fact that Ms. Vizguerra-Ramirez was recently taken into ICE custody, it does not appear that there will be any prejudice to Respondents by maintaining the status quo pending resolution of this action,” Wang concluded.

She cited a recent court case out of New Mexico in which three men sought to prevent their transfer to the U.S.’s detention facility in Guantánamo Bay, Cuba, and received a favorable ruling from a judge blocking the move. The next day, the Trump administration deported the men, ABC News reported.

In another ongoing case, the government detained Columbia University student Mahmoud Khalil, who is being threatened with deportation for organizing campus protests. While the legal challenge in New York was pending, the government moved Khalil to a facility in Louisiana, which is under the jurisdiction of a more conservative federal appeals court.

The case is Vizguerra-Ramirez v. Choate et al.

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