Evenezer Cortez Martinez

Evenezer Cortez Martinez, brought to the U.S. as a child and protected under DACA, traveled to Mexico on March 20, 2025, to visit his grandfather’s grave. He had valid advance parole permission for this trip.

Upon returning to the U.S. through Dallas Fort Worth International Airport on March 23, 2025, U.S. Customs and Border Protection (CBP) stopped him and denied his re-entry, citing an immigration removal order issued in June 2024 in his absence (“in absentia”).

CBP claimed his advance parole was “issued in error” and processed his expedited removal back to Mexico immediately without a hearing or attorney consultation.

Martinez was unaware of the removal order as he never received proper notice of the hearing.

After about two weeks, legal action led to his return to the U.S., reuniting with his family in Kansas City.

A lawsuit was filed on his behalf against DHS and CBP, arguing that a DACA recipient with valid advance parole cannot be denied entry or deported without a formal removal hearing.

This case highlights the challenges DACA recipients face, even with legal travel authorization, and demonstrates the limits and uncertainties in current immigration enforcement practices for DACA recipients in 2025.