An Iraq War veteran fighting deportation was given an unexpected reprieve just hours before he was set to land in El Salvador.
Marine veteran Jose Segovia Benitez, 38, was on a plane in Arizona about to be deported Wednesday when he was suddenly taken off of the aircraft, according to the Mercury News. The League of United Latin American Citizens said Segovia’s deportation has been put on hold “pending further review of his legal rights.”
Segovia has been held at the Adelanto ICE Processing Center in California since Immigration and Customs Enforcement picked him up in January 2018 and began his deportation process. Segovia served in the Marine Corps for five years, including two tours in Iraq, before returning in 2004 for a brain injury.
His family says that he was not properly integrated back into civilian life and his mental and physical health deteriorated. Segovia began to abuse substances and served time in prison for several felonies. Among those crimes are charges of domestic abuse and driving under the influence.
Segovia, who was brought to the United States from El Salvador when he was 3, served in the military as a non-citizen with legal permanent residency. Because he is not a citizen, his felonies qualified him for deportation.
A spokeswoman with ICE said that deportations are decided by immigration judges and not the agency, although she noted that he has “an extensive criminal history.”
Segovia’s attorney, Wayne Spindler, had argued that his years of military service should be factored into the deportation decision and that the veteran should receive better treatment than he has.
Since his planned deportation, a number of groups have intervened to attempt to keep him stateside. A Chicago chapter of the League of United Latin American Citizens, Green Card Veterans, hired Texas law firm Petty and Associates to work toward blocking the government’s move.
It is likely that the group was the driving force behind Segovia getting taken off the plane Wednesday night just moments before he would have been deported.
The Long Beach resident’s mother, Marta Garcia and her husband Jose Garcia, had already booked a red-eye flight to El Salvador to meet Segovia when he landed, but were shocked, confused, and excited when Marta got a call from her son letting them know he was no longer en route to Central America.
“She is so happy. She’s saying it’s a miracle,” said family friend Pat Alviso, who is also the national coordinator for Military Families Speak Out, a group that advocates on behalf of returning troops.
Marta was worried about her son’s safety in El Salvador because he hasn’t been there since he was 3 years old. She is also concerned that he could be a target for violent gangs in the country given that he speaks English and has large patriotic tattoos, one of which is the Statue of Liberty.
Repatriate our Patriots, a group based out of Oregon, sent a 522-page packet to California Gov. Gavin Newsom asking that he pardon Segovia of his crimes in order to keep him in the U.S. with his family and friends.
Supporters have also argued that his nearly two-year detention at the ICE facility is tantamount to double jeopardy given that Segovia has already served time in prison for the crimes he has committed.
It is unclear how long the review of his legal rights will take or what will result from the intervention by the new attorneys, but for now Segovia will remain in the U.S.
