He was 20 years old when I was appointed to represent him.
His criminal case involved a reckless-driving charge after he was caught doing donuts at a car meetup. It wasn’t an especially complicated case. At least, not initially.
Somewhere along the way, a traffic stop led to questions about his immigration status. He was taken into immigration custody and spent months in a detention center.
Meanwhile, his criminal case was still pending.
He couldn’t appear in court because he was in ICE custody. Eventually, his bond was forfeited, and a warrant was issued.
He was being held by one government agency while another part of the justice system continued moving forward with a case he couldn’t appear to address.
When I eventually spoke with him, he told me he had agreed to voluntary departure. But because of the outstanding criminal warrant, he was brought back to county jail.
I started asking him questions.
I knew that he was born in Mexico, but had been in Houston for awhile. I asked whether he knew anyone in Mexico.
His answer was simple.
“No. My whole family is here.”
That answer stopped me.
He had been in the United States for as long as he could remember. His family was here. His life was here. Whatever connection he had to Mexico through his birthplace, he didn’t have the family connections there that most of us would expect someone to rely on when facing a move to another country.
I was gutted.
It wasn’t that I believed he shouldn’t be held accountable for his conduct. Doing donuts in a vehicle is a decision, and decisions have consequences.
But I couldn’t stop thinking about the size of the consequences surrounding this young man.
A reckless-driving case had become entangled with immigration detention, a bond forfeiture, an arrest warrant, and a decision about whether to leave the country where he had spent nearly his entire life.
I worked on his criminal case and ultimately got it dismissed. I also confirmed that the immigration hold had been lifted. He was no longer in county custody.
For a moment, I thought that chapter might finally be behind him.
But it appears ICE took him back into custody.
I don’t know what happens next. I don’t know whether he will ultimately leave the country or whether he will have an opportunity to remain. I don’t know whether he has been able to speak with an immigration attorney about his voluntary departure agreement and what options might still be available to him.
If I were in his position, I would want to understand every available option before making a final decision about leaving the only country I had ever really known.
That is not a decision I can make for him, and immigration law is outside the scope of my representation.
What I do know is that his criminal case is no longer hanging over him.
Sometimes, as attorneys, we can resolve the case in front of us without being able to resolve everything happening in our client’s life.
There is a person behind the charge. There is a family behind that person. And there are circumstances that don’t fit neatly into a court file.
I don’t know how this young man’s story will end.
I keep thinking about that answer.
He was only 20 when this began. He should have so much life ahead of him.
I hope he gets the chance to live it in the country he calls home.
