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Original Date Announced
April 2, 2025Evenezer Cortez Martinez, a DACA recipient from Kansas, filed a lawsuit against DHS after he was denied re-entry into the U.S. Prior to departing, Cortez Martinez had obtained advance parole to travel to Mexico. When he presented himself for inspection after flying into Dallas on March 23, however, CBP officers told Cortez Martinez that he had been ordered removed in absentia in 2024. They said his advance parole document was therefore “issued in error," and he was subject to expedited removal without a valid entry document. He was placed on a flight back to Mexico.
The lawsuit alleges violations of the Administrative Procedure Act and due process under the Constitution. He requests rescission of his expedited removal order and return under his advance parole. Cortez Martinez v. DHS, 3:25-cv-00801-X (N.D. Tex.).
**Litigation entries are limited to initial complaints and major substantive rulings. For pleadings and additional information, use name and docket number to search Civil Rights Clearinghouse and CourtListener or visit Just Security Litigation Tracker**
Trump 2.0 [ID #1663]
2025.04.02 Complaint - Cortez Martinez v. DHSCurrent Status
NoneOriginal Trump Policy Status
Status: Final/Actual In LitigationTrump Administration Action: Change in PracticeAssociated or Derivative Policies
- September 5, 2017 DHS terminates DACA (Deferred Action for Childhood Arrivals) Program
- January 20, 2025 EO 14165: "Securing Our Borders"
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
Pacer - Cortez Martinez v. U.S. Dep't of Homeland Sec.
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Commentary
DACA recipient and Kansas City father of 3 deported to Mexico despite valid documentation - CBS News
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