A U.S. District Court judge has dismissed the lawsuit filed by Any Lucia López Belloza, a college student who was deported to Honduras, ruling that the Massachusetts court no longer had jurisdiction over her case after she declined to board a court-ordered flight back to the United States last week.
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Federal attorneys had previously stated the deportation was a “mistake,” but argued the Massachusetts court lacked authority due to the fact that López Belloza had already left the state by the time the order was issued. U.S. District Judge Richard G. Stearns initially ordered the federal government to facilitate her return to the U.S. While the case proceeded.
Officials arranged a flight for López Belloza to return last week, but she declined to board after learning immigration officials intended to detain her upon arrival and potentially deport her again, according to her attorney, Todd Pomerleau. In a Friday order, Stearns said López Belloza’s decision not to board the plane effectively ended the court’s ability to continue hearing the case.
“The sad truth is that when Any declined the flight she also waived this court’s only remaining basis for jurisdiction,” the judge wrote in the electronic order dismissing the petition. López Belloza’s attorneys argued the case should remain in Massachusetts federal court because immigration officials moved her quickly between detention centers, complicating efforts to file legal challenges. Stearns rejected this argument, stating there was “no evidence” the government deliberately concealed her location.
Court records showed López Belloza was listed as being held in Massachusetts for a full day before being transferred to Texas, giving her legal team time to file a petition there, according to the judge. Stearns also wrote that if López Belloza had returned on the arranged flight, she would likely have been held in the Southern District of Texas, where she could have filed a new legal challenge.
The Department of Homeland Security did not immediately respond to a request for comment. López Belloza’s attorney said his team filed a notice of appeal just 30 minutes after the judge’s ruling, and the case will now go to the U.S. Court of Appeals for the First Circuit in Boston. “We’re confident we have a extremely good legal issue,” Pomerleau said Friday. “The problem is, Any’s not a legal issue. She’s a person.”
Pomerleau stated López Belloza has been taking online courses to continue her degree path at Babson while in Honduras, but he does not anticipate her returning to campus until the fall semester at the earliest. She was concerned about potential re-detention and deportation if she boarded the flight. López Belloza was subject to a removal order issued in 2017, having first entered the U.S. With her mother when she was 8 years old, eventually settling in Austin, Texas. Her legal team has begun a new case for legal status through a visa, which is currently in progress.
U.S. Rep. Greg Casar said he would continue to support efforts to bring López Belloza back to the U.S. “Any should have never been deported in the first place,” Casar said. “I’ll continue to advocate for her safe return home until we get it done.”
Frequently Asked Questions
What led to the dismissal of the lawsuit?
The lawsuit was dismissed because Any Lucia López Belloza declined to board a court-ordered flight back to the United States, leading the judge to rule the court no longer had jurisdiction over her case.
What was the initial response from federal attorneys regarding López Belloza’s deportation?
Federal attorneys later said the deportation was a “mistake,” but argued the Massachusetts court lacked authority because López Belloza had already left the state.
What is the next step in López Belloza’s legal battle?
López Belloza’s legal team filed a notice of appeal, and the case will now go to the U.S. Court of Appeals for the First Circuit in Boston.
As López Belloza’s case moves to the appellate court, what challenges and opportunities might arise in her pursuit of legal status and a return to her studies?
