- A Honduran woman filed a lawsuit challenging the legality of her and her family’s detention at a Texas facility.
- She is also asking for a preliminary injunction that would prevent her family’s immediate deportation to Honduras as her 6-year-old son battles acute lymphoblastic leukemia.
A Central American asylum applicant arrested outside an L.A. immigration court is suing Immigration and Customs Enforcement, Homeland Security and the Trump administration for her immediate release and that of her two children, including her 6-year-old son stricken with cancer.
The Honduran woman, not named in court documents, filed a petition for writs of habeas corpus, challenging the legality of her and her family’s detention at a Texas facility. She is also asking for a preliminary injunction that would prevent her family’s immediate deportation to Honduras, as her children cry and pray nightly to be released from a Texas holding facility, according to court documents.
She and her two children, including a 9-year-old daughter, are facing two removal proceedings concurrently: a previous removal proceeding involving their asylum request and this recent expedited removal process.
The woman claims the government violated many of their rights, including the due process clause of the 5th Amendment.
Her attorneys noted that DHS determined she was not a flight risk when she was paroled and that her detention was unjustified.
The woman’s lawyers also argued that she was not given an opportunity to contest her family’s detention in front of a neutral adjudicator, and that the family’s 4th Amendment right to not be unlawfully arrested was violated.
