Fidel Oropeza, a Mexican immigrant who has been in a wheelchair for the last 15 years and was given one month to leave the country by Immigration and Customs Enforcement officials, experienced a small victory when the agency recognized it had made mistakes in the man’s case.
Oropeza, who resides in Georgia with his family, had a pending court appointment with ICE, to which he was instructed to bring a plane ticket dated for May 31.
However, Oropeza’s lawyer was able to reopen the case and request protection from deportation. This will allow Oropeza to remain in the country an additional 60 days, at a minimum, and he will not have to immediately leave the country, as authorities had previously requested.
In fact, the lawyer indicated that the immigration official who had evaluated Oropeza’s case admitted to “having made a mistake in not adequately reviewing it.”
“The same official who had told Fidel he had to leave was who reviewed the case. Contrary to what he said last time, he saw, because of the documents we handed in, that he doesn’t depend on the state for his benefits. He receives wages from what he won in his worker’s comp case. He said that he wants more time to review the ‘stop’ that we turned in. He was little bit irritated, because his supervisors had reprimanded him for not doing things correctly,” explained Dustin Baxter, upon exiting the court.
According to Baxter, the immigration official had reached a conclusion without having the proper documentation.
“What actually happened is that they thought things that weren’t true, that were baseless. They had not reviewed documents, because I don’t know if their previous lawyer had properly turned them in. But now they have everything to prove that he does not depend on the state. He is a worker, and he does what he is supposed to do,” said Baxter.
According to a previous interview Oropeza gave to MundoHispánico, the immigration official had told him that he was “a financial burden on the country,” due to the medical expenses his condition requires.
Oropeza’s medical expenses, however, have always been – and continue to be – paid for through worker’s compensation by the company where he was employed when he injured himself while working on a roof.
“In the last interview I had with the immigration official, she told me I was a burden on the country. They thought I was receiving Medicaid. I was able to receive worker’s compensation because of that accident, which pays all of my medical expenses: materials, doctors for whatever I need… so I am not, nor have I ever been, a burden on this country,” said Oropeza.
According to Irene Morales, Oropeza’s wife, the official had not even seen her husband’s file upon making a decision and telling Oropeza that he needed to leave the country.
“To me, it’s unfair, because they didn’t even give him time to explain that he doesn’t depend on the government. My husband told me the official told him that it would be better for him to go to Mexico, because ‘he can pay for his doctor there.’ Like saying that: ‘here the United States is paying for it.’ But no! The government here isn’t paying for any doctor,” assured Morales.
On Thursday morning, however, after meeting with fellow immigration officials, the official admitted the mistake to Oropeza’s lawyer, and his family finally found relief.
“I was a little worried, but I was trusting that God was working in my life. I’m good, at peace. I know I’m going to go back in 60 days, but I feel better, because they checked my records and saw that I’m not a burden on this country; on the contrary, I’m contributing to this country,” said Oropeza as he exited the court.
“I’m happy. I was a little bit worried, but with God’s help and the lawyers, we’re fine. I think everything is going to be alright. We don’t depend on anybody. We work and make an honest living. We’re also happy, because they recognize that they make mistakes,” explained Morales.
Oropeza is expected to return to court in 60 days to learn the outcome of his case, but according to his lawyer, “we may have a final answer before then, regarding stopping removal. We won the battle, but the war continues. And we have to win that war,” said Baxter.
MundoHispánico contacted ICE to obtain an official comment regarding this case. Bryan Cox, the Southern Regional Director of Communications, responded that he could not provide specific information, since Oropeza was not under arrest.
“According to our privacy policies, we cannot analyze an individual’s immigration record. But in general, a person who is not under custody would not face an imminent deportation,” said Cox.
About the Author
