Written by Minju Cho, Carlos’ attorney

An Overview Of Carlos’ Legal Case 

After 22 years in California state prison custody, Carlos had transformed his life from that of a traumatized and rebellious young gang member to a positive leader and role model in prison. He publicly disaffiliated from the gang he had joined as a troubled 13-year-old and used his life story to mentor at-risk youth, persuading them not to get involved in gang life and to stay on a positive path. In 2017, the California Board of Parole Hearings recognized his profound rehabilitation and found him suitable for parole. However, solely because Carlos was born outside of the United States before immigrating as a child, he was not released to his wife, mother, and other loved ones—instead, he was transferred directly to the custody of ICE.

ICE placed Carlos in deportation proceedings based on his conviction. With the help of his attorney, Carlos proved in immigration court that it was more likely than not that he would be harmed if he was deported to his country of origin, and the immigration judge granted him protection under the Convention Against Torture. Unfortunately, ICE chose to appeal the judge’s order and kept him detained in immigration jail instead of allowing him to be released. Months later, the Board of Immigration Appeals overturned the immigration judge’s decision and agreed with ICE that Carlos should be deported. Carlos had one more chance: he petitioned for review to the U.S. Court of Appeals to the Ninth Circuit. During all of his immigration legal proceedings, Carlos was detained by ICE in terrible conditions at Yuba County Jail. His blood pressure climbed to dangerously high levels from the stress of his ongoing detention and, along with the other immigrants with whom he was jailed, he struggled to get appropriate medical care from the jail. He feared he would die if he remained detained much longer. At that point, Carlos made the extremely difficult decision to accept deportation and continue fighting his immigration case from outside the United States.

Carlos was deported to his country of origin where he quickly began receiving threats to his life and safety based on his identity. He was forced to go into hiding and could not go outside without fear of being targeted and killed. While he was in hiding, the Ninth Circuit granted Carlos’s petition for review, concluding that the Board of Immigration Appeals and legally erred when it overturned the immigration judge’s decision giving Carlos protection from deportation. They sent his case back to the Board of Immigration Appeals, which—two years later—reversed their own decision and affirmed the immigration judge’s original decision protecting Carlos from deportation. Five years after it had begun, Carlos’s immigration case was finally over. Meanwhile, with great luck and the support of his loved ones, Carlos had escaped his country of origin and flown to another country where he is physically safe. However, this country is not his home and he cannot stay there forever. He belongs in California, with his wife, his mother, and his community of beloved friends and extended family. Unfortunately, Carlos cannot simply get on a plane and return to the U.S. For complicated immigration legal reasons, with his current legal status airplanes will not allow him to board a flight to the U.S. and even if they did, airport agents won’t allow him to enter the country. To return to California, he needs a pardon from Governor Newsom.