TOLEDO, Ohio — A Tecumseh woman will have to return to Mexico after a Detroit immigration judge denied her asylum application on Wednesday following a DUI arrest in June.
America Beltran, 22, has been in a Battle Creek jail for about nine weeks, though there is no conviction on her record for the DUI, according to her immigration attorney, Mayra Fe Lorenzana-Miles.
"The decision that the judge took was wrong," Lorenzana-Miles said. "The judge could have put guarantees in place. She has been in jail for three months and does not have a conviction in courts. But, in immigration court, you don't need a conviction. Facts are enough."
Lorenzana-Miles said Beltran's case has one of the most unfortunate outcomes she has ever seen.
"I have done this for many, many years and this is one of the saddest cases I've ever had. The judge acknowledged that America is extraordinary and has a lot of support. But he also said he felt he needed to take this action because she was three times the legal limit when she got her DUI," she said.
Friends told WTOL 11 that Beltran was pulled over, arrested by immigration officers and taken to the jail months after her arrest for the DUI.
Beltran's parents, Maria and Ricardo Beltran admit that they brought her without immigration paperwork to Tecumseh from Mexico when she was 1 year old. She and her family have lived there ever since.
"(I brought) my kid over here without papers, but that's my fault," Maria said. "She lived here for 21 years."
Beltran is considered a "Dreamer," a term used to describe people who were brought to the U.S. illegally as children by family, derived from never-passed legislation called the DREAM Act.
Many in Tecumseh have supported the family during Beltran's fight against deportation, including coworkers at City Limits Diner where Maria and Ricardo Beltran have worked for 20 years. America also worked there after graduating from Tecumseh High School in 2020.
Judy Bishop, a server at the restaurant who has worked with the family for many years, organized a spaghetti dinner on Monday that raised $10,744, she said, for Beltran's bond.
"We're trying to get her bonded out of jail, but they say she's a danger to our community to let her out," Bishop told WTOL 11 on Feb. 22.
Lorenzana-Miles, told WTOL 11 that Beltran will not get out of jail on bond and that once she was arrested, she was denied bond because the judge determined she was a "danger to the community."
Lorenzana-Miles said the government has a very strong position regarding alcohol-related offenses and DUIs.
When asked if Beltran had not followed the appropriate steps to become an American citizen during her time in the U.S, Lorenzana-Miles said Beltran never had the opportunity to become a citizen and that her Dreamer'petition has been stuck in the application process, along with thousands of others, which are also in limbo.
Lorenzana-Miles said that Beltran's application for asylum went directly to a judge, who determined Wednesday that she does not qualify for asylum because she was already living in the U.S. illegally for two decades before she applied.
"Unless she marries an American citizen, she does not qualify for certain waivers, like a student visa or an employment visa because she lived here unlawfully first," said Lorenzana-Miles.
Lorenzana-Miles said that Beltran has reserved the right to appeal Wednesday's decision, and under the voluntary departure ruling, Beltran must choose whether to return to Mexico or stay jailed through the appeal process, which could take months.
Lorenzana-Miles said the date by which Beltran must depart is, "a little more than the 30 days allowed to make an appeals decision."
Lorenzana-Miles does not have a positive outlook on Beltran's appeal.
She said, "The Board of Immigration Appeals can reverse the judge's decision, but it is a very small chance."
There is some benefit to the judge's decision to grant a voluntary departure, rather than deportation, Lorenzana-Miles said.
Beltran will have to pay her own costs to return to Mexico, however, she will not have a deportation order on her record, which could prevent her from returning to the U.S. for up to 10 years.
Beltran could eventually return to the U.S.. She could apply for a visa, or a family member could request that she be allowed to return to the United States legally.
Ricardo Beltran said that the family is desperate to keep Beltran in the United States because she does not know anyone in Mexico.
"She has a life here," Ricardo said. "She knows nothing from Mexico."
Bishop said the money raised at the spaghetti dinner will now be used to pay Beltran's legal fees.
"It's just not right," Bishop said. "She's not a criminal."
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