MESA, AZ (3TV/CBS 5) - The husband of a U.S. soldier who was killed in Afghanistan in 2010 was deported to Mexico for one week, according to his attorney.

Immigration and Customs Enforcement (ICE) arrested Jose Gonzalez Carranza, 30, on Monday, April 8, a few blocks away from his home, according to his immigration attorney, Ezequiel Hernandez.

[WATCH: Arizona soldier's spouse deported]

"I'll be honest, as an immigration attorney, I felt like I didn't know what to do once the client is out of the country," Hernandez said.

Hernandez explained that after Gonzalez's wife died, Gonzalez was granted "parole in place," which is typically granted to certain family members of military personnel and allows immigrants in the country illegally to remain in the U.S. without the threat of deportation.

Gonzalez came to the U.S. illegally in 2004 as a teenager. He married his wife, Barbara Vieyra, in 2007. The two had a daughter together.

Military records show that Vieyra was killed in Afghanistan when insurgents attacked her unit in 2010.

Hernandez said that his client was worried he would never see his 12-year-old daughter again when he was deported to Nogales, Mexico.

"There was (sic) no political affiliations to this. It's just a really good story about a human being that--he's undocumented here, but he was married to a soldier who paid the ultimate price, who has a daughter, who has no criminal record and was removed without notification," Hernandez said.

Hernandez explained that Gonzalez was in immigration court in 2017 but the proceedings were terminated based on the parole in place.

"The case was terminated and then issues happened where ICE wanted to bring the case back to court and they did that one time, and their motion was rejected," Hernandez said.

At that point, Gonzalez continued to work and live his normal life with his daughter without the threat of deportation.

However, the immigration court filed another motion in late 2018 and Gonzalez claimed he didn't know about it. His attorney says it was sent to the wrong address.

"We immediately filed what's called a motion to reopen to stay. It allows the ability to stay in deportation or removal until a judge reviews whether or not ICE was at fault by not notifying him or if the client just disregarded his notification," Hernandez explained.

Gonzalez was able to return to his home one week later.

Hernandez hopes there will be due process.

"There are judges and there are deadlines and there are motions that need to be filed and things that he has as a remedy. He can appeal. So all those legal controls, if you will, need to be respected by us, by the clients, but also by the institutions."

ICE did not immediately provide a statement to the situation.

 


Copyright 2019 KPHO/KTVK (KPHO Broadcasting Corporation). All rights reserved.

 

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(17) comments

andthesurveysays

"I'll be honest, as an immigration attorney, I felt like I didn't know what to do once the client is out of the country,". Yikes! This is NOT something you want to hear from your lawyer, especially in the news media.

Daddy

It's the people not the place or location that makes a country what it is...whether good or bad. Imagine if the United States and Mexico switched geographic locations. Within a few short years the people of 'Mexico' would be sneaking across their southern border to get into the 'United States' south of the border. It's the people not the location.

JoeMosely

Honestly, I don't like living in this country with you.

nuusmaan

Imagine that you lived on Mars. And there were people from earth trying to sneak in to live with you. Or imagine that a car became a doctor.... What's the point. Let's deal with reality. Do you have any ideas for a solution? Americans want drugs from South of the border, people living there want opportunities for honest work and to build a secure future, and people and organizations here want to exploit them. It's supply and demand. Let's hear your ideas.

Daddy

If they're going to send him back to his country they should send his daughter with him. That's her dad, why wouldn't the keep them together?

Speakthetruth

Because her parents, that are here legally, take care of their daughter. She is being raised by a wonderful family. To send her to Mexico with him would only cause a further loss to her parents, who have suffered enough.

Shredder

Speakthetruth - I heard that the father, though illegal, is back in the USA. The 12 year old girl has been living with her grandparents in the USA. Don't know if the grandparents are legal or illegal. Mother is dead.

Speakthetruth

They are legally here. They’ve been here for over 30 years. They are wonderful people that raised an amazing daughter. The reason she joined the military was to support her daughter because he couldn’t or wouldn’t support them so Barbara stepped up and did.

Chocomom

It's hard to post a Rational Commentary as MAGA Troll when your Cumulative I.Q. 48.

Shredder

He can take his daughter with him when he returns to Mexico permanently. I'm sorry his wife died and thank her for her service - but the law is the law.

Azbest

The pedophiles are trolling . Just saying

Speakthetruth

He should have stayed deported. They weren’t even together anymore. Barbara was wanting to divorce him but due to being deployed she wasn’t able to. He did nothing to support his daughter for years. Don’t let this man pretend he’s this great person. He isn’t.

ClassyandSassy

Thank you so much for this extra tid bit of info. I thought much differently of the situation prior to you posting this, although, I can't help but feel sorry for this little girl and am not sure it's right to take her father away from her when we already took her mother, our country is as heartless as the Mexican Cartel. I'm just not sure how to feel about this one, it's so hard when kids are victims of their parents coming here illegally. I feel for the judges who have to make decisions in the cases where kids are split from their families and wish ppl would just stop coming here illegally and having kids, the harming them the most! #buildthewallletthelawabidingillegalsstay

AZ Native

He had more than enough time to become a citizen. He knew what the consequences were or could be.

Shredder

AZ Native - excellent point.

Dean

Another illegal working the system

MyOwnMind

And I'm sure you're all giddy.

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