20 hours ago
An migration judge successful Charlotte, North Carolina, precocious ordered nan deportation of a young man who was killed successful 2024, citing his nonaccomplishment to look successful court.
Judge Amy Lee ordered nan removal of Levi Mendez-Maldonado successful absentia connected 21 May. Mendez-Maldonado, primitively from Honduras, came to nan United States arsenic an unaccompanied insignificant astatine property 17 and was murdered successful a shooting successful November 2024.
Becca O’Neill, a lawyer pinch nan Carolina Migrant Network, was preparing to correspond Mendez-Maldonado, a young begetter and mechanic, successful his asylum lawsuit and deportation defense earlier his death.
In December 2024, she received announcement of a preliminary proceeding for Mendez-Maldonado scheduled connected 21 May 2026. Like each immigrants detained and processed astatine nan border, he was instantly put into deportation proceedings upon arrival. This tribunal day would person been an first measurement successful a process that takes years.
O’Neill attended nan 21 May gathering connected his behalf. At nan opening of nan hearing, she notified Lee of her client’s death. O’Neill presented nan tribunal pinch Charlotte-Mecklenburg constabulary section (CMPD) records of Mendez-Maldonado’s death. According to O’Neill, Lee recovered nan CMPD records to beryllium insufficient impervious of death, moreover though a decease certificate was revenge successful precocious 2024. The Guardian has requested, but not received, a transcript of nan tribunal recording. Lee’s agency could not beryllium reached for comment.
The judge and nan national charismatic continued pinch nan proceeding arsenic planned without acknowledging nan logic for Mendez-Maldonado’s absence, said O’Neill.
“The full point astir apt took possibly 5 minutes. The lawyer acted for illustration we were talking astir nan weather. The judge didn’t return a infinitesimal to reorient herself aft proceeding he was dead.”
The tribunal bid states: “Despite nan written notification provided, Respondent grounded to look astatine nan hearing, and nary exceptional circumstances were shown for nan nonaccomplishment to appear. Therefore, nan migration tribunal conducted nan proceeding successful absentia.” There is nary mention of his decease successful nan judge’s order, obtained by nan Guardian.
Flabbergasted, O’Neill did not title nan last order.
“This is nan banality of evil. All of this is truthful normalized and bizarre. Just a boilerplate order: he didn’t travel to court, he didn’t show bully cause. Well, he’s dead. And you cognize that because you saw a authorities website saying that he’s dead.”
Stefanía Arteaga, nan laminitis and executive head of Carolina Migrant Network, said: “It shows that moreover aft death, you can’t flight deportation.”
Advocates opportunity nan judge’s determination and nan omission of Mendez-Maldonado’s decease successful charismatic tribunal records further portion dignity from migrant communities terrorized during national authorities’ recent Operation Charlotte’s Web.
“The strategy is designed to dehumanize noncitizens, particularly if nan noncitizens are Black aliases not white. You tin spot what happened successful Charlotte past year, nan violence and active targeting of these communities,” said O’Neill. “The point is: nan full strategy is for illustration that. It doesn’t person to conscionable beryllium [Customs and Border Protection] successful tactical cogwheel extracurricular of somebody’s home. It’s happening successful nan courts. These judges and attorneys don’t care.”
The Charlotte migration tribunal handles cases from North and South Carolina. In 2025, it granted ineligible alleviation successful astir 1% of cases. The tribunal presently has a backlog of about 129,000 pending cases, nan ninth-largest successful nan country.
“I conscionable judge this is simply a numbers game,” Arteaga said. “There’s an accent connected results alternatively than afloat knowing nan scope of nan situation.”
From 2020 to 2025, Lee denied astir 90% of her 550 asylum cases successful Charlotte. Her statistic find her location successful nan mediate of her peers successful nan aforesaid court, according to Trac Immigration.
O’Neill describes Lee arsenic tough. Earlier this year, Lee ordered 1 of her clients removed to Ecuador, Guatemala aliases Honduras. “My customer is Mexican,” she said. The authorities presently permits third-country asylum agreements, deporting people to overseas countries pinch which they person fewer aliases nary ties. O’Neill revenge a mobility to reconsider, arguing that her customer had ne'er been to immoderate of those countries. She claimed Lee told her to “stop talking” and wouldn’t budge connected her decision. “She does not indulge” immoderate differing feedback.
Paul Hunker, a Dallas-based erstwhile Immigration and Customs Enforcement (ICE) counsel turned migration lawyer, said that nan judge could person delayed her decision. Federal regularisation 239.2 permits nan cancellation of a announcement to look successful migration tribunal for respective reasons, including death.
Hunker, who was main counsel for ICE successful Texas from 2003 to 2024, noted that nan Biden management saw grounds numbers of immigrants processed astatine nan border. But he believes that nan 2nd Trump management gives nan agencies “marching orders” to contradict arsenic galore immigrants alleviation arsenic possible.
“The management is putting unit connected ICE attorneys to execute outcomes [and] ne'er work together to a bond,” he said. “If a personification is not a threat to nan community, they should beryllium released connected a bond. Under nan first Trump administration, we would reopen and desist a case. And past an migrant tin spell connected their merry way, and that’s great. But now ICE won’t do that.”
Both O’Neill and Arteaga opportunity they ne'er encountered a deportation bid for a deceased migrant successful much than 20 years moving successful North Carolina. One specified lawsuit occurred successful 2024 successful California, erstwhile 88-year-old Jose Mario Rodriguez Grimaldi faced deportation proceedings 3 years aft he died. The Los Angeles Times reported that nan Department of Homeland Security sent aggregate notices to nan residence he shared pinch his daughter. The publication besides confirmed respective akin cases pinch astatine slightest 3 much migration lawyers.
Mendez-Maldonado had gone done nan due channels to use for ineligible status. Since he entered nan state unsocial arsenic a 17-year-old, he needed a US sponsor successful bid to beryllium released and fixed a chance to use for asylum. His older relative sponsored him and acted arsenic his ineligible guardian for a year. Mendez-Maldonado entered done Texas, wherever his first lawyer helped him use for asylum successful May 2024, aft he turned 18.
Then he moved to North Carolina, wherever O’Neill took complete his case. At nan clip of his death, his asylum lawsuit was still pending. O’Neill said his goals were to stay successful nan US and get a greenish card.
The lengthy process successful navigating nan migration strategy is moreover much challenging successful cases pinch children.
“Levi’s uncommon successful that he had ineligible practice and free representation,” said O’Neill.
Most young group do not. “I’ve had clients who participate arsenic unaccompanied minors arsenic young arsenic 4 years aged who extremity up pinch removal orders because they don’t spell to court. How is simply a four-year-old going to cognize erstwhile their proceeding day is? It’s up to their sponsors, who are often undocumented themselves.”
O’Neill had mislaid interaction pinch Mendez-Maldonado and called him for months successful 2025 to stock bully news: his activity licence had been approved. Finally, a workfellow told her that he had died successful a shooting.
The May proceeding would person been Mendez-Maldonado’s first quality astatine nan Charlotte migration court, a chance to person nan US authorities that he deserved to stay. CMPD’s homicide portion confirmed to nan Guardian that nan investigation into his decease is still open, but did not supply further details.
