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By Billal Rahman
Immigration Reporter
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A federal judge has ordered the Trump administration to facilitate the return of a Mexican national deported after he was detained while visiting family at Marine Corps Base Camp Pendleton, finding that immigration authorities violated his due process rights.
In a 10-page order issued on Tuesday, U.S. District Judge Janis Sammartino of the U.S. District Court for the Southern District of California granted a habeas corpus petition filed by Esteban Rios Sosa, a longtime Oceanside resident who had lived in the United States since 1988 and held deferred action status through his wife's pending U visa application.
The judge further found that Rios Sosa had been deported without notice and that the government revoked his status without providing him an opportunity to contest the action. The judge ruled that immigration authorities violated Rios Sosa's due process rights when they deported him without notice or a hearing.
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"The Court cannot fathom more 'extreme circumstances' than an unlawful deportation without justification, notice, or any opportunity to be heard," Sammartino wrote.
Newsweek has contacted the Department of Homeland Security and Rios Sosa's legal team for comment via email.
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Deported Without Notice After Family Visit
According to court records, Rios Sosa is married to Luisa Ofelia Rodriguez Tejeda and has family members who are U.S. citizens, including a son who previously served in the Marine Corps. His daughter lives at Camp Pendleton with her husband, an active-duty Marine.
On September 28, 2025, Rios Sosa, his wife and his son drove to Camp Pendleton to visit his daughter, who was pregnant. Despite possessing REAL ID-compliant identification, employment authorization documents and deferred action status, Rios Sosa and his wife were stopped at the gate and detained, according to court filings.
The couple had previously visited their daughter on the base about 10 times without incident, the petition said. After the encounter, they were taken to a federal building in San Diego, fitted with ankle monitors and instructed to appear for an ICE check-in appointment two weeks later. Court filings say they were repeatedly assured they would not be detained at that appointment.
When Rios Sosa and his wife reported for the October 9 check-in, however, immigration authorities detained them. Rios Sosa was taken to the basement of the federal building, told to wear a mask and deported to Mexico within 24 hours, according to the petition. His wife was also detained but was later released by an immigration judge because of her U visa-related deferred action status.
Rios Sosa has remained in Mexico since his removal. Court records say he missed the birth of a grandchild and his daughter's college graduation, while his family experienced financial difficulties after losing his income. The petition also said he never received notice that his deferred action status had been revoked.
"The government made a promise to protect Mr. Rios Sosa against arbitrary immigration enforcement when it granted him Deferred Action status in connection with his pending U visa petition. It broke that promise—and violated Mr. Rios Sosa's rights under the Constitution--when it detained and deported him last fall. Yesterday's court order holds the government accountable for those violations and it marks an important step towards justice for Mr. Rios Sosa's family," Monika Y. Langarica, deputy legal director at the Center for Human Rights and Constitutional Law, told Newsweek via email on Wednesday. The Center brought a federal lawsuit against the Trump administration, alleging the government violated Sosa's rights.
Courts Cite Due Process Violations
In her ruling, Sammartino rejected the Trump administration's argument that the court lacked jurisdiction because Rios Sosa was no longer in the United States. The judge found that his deportation under the circumstances described in the petition qualified as an "extreme circumstance" permitting judicial review.
The court noted that the government did not dispute that Rios Sosa held deferred action status at the time of his removal. Sammartino wrote that individuals with such status generally cannot be detained or removed unless that protection is properly revoked.
More than 50 parents and spouses of active-duty U.S. service members have been detained since January 2025, according to the Associated Press.
Federal courts have repeatedly squared off with the Trump administration over the scope of ICE's enforcement powers, with judges in a series of cases seeking to rein in actions they found may have violated due process protections.
The administration and Department of Homeland Security officials have frequently pushed back against adverse rulings, accusing judges who block immigration actions of being "activist judges" and improperly interfering with the administration's enforcement agenda.
Sammartino ordered the government to "immediately allow" Rios Sosa to return to the United States and restore his immigration status and benefits as if his October 2025 removal had "never occurred."
The parties were directed to file a joint status report within 10 days detailing the government's efforts to facilitate his return and to continue providing updates every 10 days until he is back in the country.
Contact Newsweek editors on this story: Matthew Cannon, Shakeema Edwards, Gray R. Thomas
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