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.