PHOENIX — A widower of a U.S. service-member awaiting his fate in the U.S. Tuesday after he was deported in early April.
Jose Arturo Gonzalez Carranza had no idea what was going on when he was driving to work on what he thought was a typical Monday morning.
All of a sudden he was pulled out of his car, slammed up against a truck and handcuffed.
"‘I have rights, I said. [The ICE agent] said, ‘I don’t care,’ so he put me in the truck," Gonzalez said.
Gonzalez, 30, is a military widower. His wife, Barbara Vieyra, was killed at age 22 on Sept. 18, 2010, while serving in the U.S. Army in Afghanistan. She was killed on Gonzalez's birthday.
Hernandez and Gonzalez then filed and were granted something called "parole in place," which would allow lawful presence for Gonzalez in the U.S. without having to worry about being deported.
“Generally, it’s a tool to get someone from no status to a green card. However, not everyone’s history allows them to go to a green card," said Ruben Reyes, an immigration attorney.
Reyes called this case a "unicorn" for how unique it is.
According to Hernandez, ICE refiled a deportation case against Gonzalez in 2018 and filed what's called a "notice to appear" with the court, which allowed the court to issue a court date for Gonzalez where he would be required to appear.
On Monday, Gonzalez was told to go to the border and he was processed and allowed back into the U.S. He returned to Phoenix Monday afternoon.
In a statement ICE said:
“On April 8, U.S. Immigration and Customs Enforcement (ICE) arrested Jose Arturo Gonzalez-Carranza, a citizen of Mexico, with a final order of removal. On April 8, Gonzalez-Carranza filed a motion to reopen with the Executive Office for Immigration Review (EOIR). On April 11, ICE removed Gonzalez-Carranza from the United States pending the motion to reopen while a stay was in place. On April 15, Gonzalez-Carranza was allowed to re-enter the United States pending adjudication of his immigration proceedings. An immigration judge with EOIR will determine if proceedings should be reopened, and whether Gonzalez-Carranza has legal basis to remain in the United States.”
Next, the court has to rule on Hernandez's motion to reopen, ruling whether or not the court agrees that ICE made errors. If the court agrees, the case will be reopened and Hernandez and Gonzalez will have to terminate the deportation proceedings again.
“As it stands, [being a widower of an American soldier] is not enough to have legal permanent status in the United States," Hernandez said.