Judge dismisses lawsuit by Babson College student deported to Honduras after she declined ICE-arranged return flight
The Facts
- U.S. District Judge Richard G. Stearns dismissed Any Lucia Lopez Belloza’s case/lawsuit in federal court in Massachusetts.
- Lopez Belloza is a Babson College freshman in Massachusetts and is originally from Honduras.
- Lopez Belloza came to the United States from Honduras when she was 8 years old.
- She was detained by immigration authorities at Boston’s Logan International Airport in November while traveling to spend Thanksgiving with her family in Texas.
- Lopez Belloza was deported to Honduras soon after her detention.
- On Feb. 27, Lopez Belloza declined to board a flight arranged by ICE to bring her back to the United States.
- Lopez Belloza has said she was unaware she was subject to a final order of removal that was entered when she was 11.
- Stearns said he lacked jurisdiction to hear the case because by the time the lawsuit was filed, Lopez Belloza had been moved from Massachusetts to Texas.
Context
Why did the judge dismiss the case?
Judge Richard G. Stearns concluded the Massachusetts court lacked jurisdiction because Lopez Belloza had already been moved to Texas by the time the habeas petition/lawsuit was filed, and he also said her decision not to take the ICE-arranged return flight meant there was no remaining basis to keep the case in Massachusetts. ABC News,ThePrint,Reuters
Why did Lopez Belloza decline the ICE-arranged flight back to the U.S.?
Reporting says she declined to board the Feb. 27 flight after the administration indicated it would try to deport her again if she returned, and she cited conflicting information about whether she would remain free or be detained upon arrival in Texas. Reuters,Boston Globe
What happens next procedurally?
After the dismissal, Lopez Belloza’s lawyers filed a notice that they are appealing to the U.S. First Circuit Court of Appeals. Boston Globe
The receipts — all 11 sources
Wire services (3)
Independent coverage (8)
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