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Judge-Ordered Return Falters as Deported Student Declines ICE Flight Over Planned Detention

Prosecutors maintain she remains subject to a prior removal order, sharpening a jurisdiction fight over the court’s power to craft a remedy.

Overview

  • Any Lucia Lopez Belloza refused an ICE-arranged flight from Honduras after filings said she could be detained and re-deported upon arrival, and she remains in Honduras past the court’s deadline.
  • Federal prosecutors said they would facilitate her return to restore the status quo but asserted ICE authority to detain and remove her based on a standing removal order, with a flight set from San Pedro Sula to Harlingen, Texas.
  • Her lawyers called the plan an empty formality intended to frustrate judicial review and vowed further litigation, arguing she should be allowed to resume studies outside detention and noting a pending green card application.
  • U.S. District Judge Richard G. Stearns previously ordered her return to “make amends” for a November deportation carried out despite a 72-hour stay, which the government acknowledged was a mistake.
  • The government moved to dismiss or shift the case on jurisdictional grounds, contending Massachusetts lacks authority because she was moved to Texas, while DHS continues to cite a prior final removal order and claims due process was provided.