TUCSON, Ariz. (KGUN) — A judge sided with the federal government at an immigration hearing for DACA recipient Karla Toledo on Tuesday, allowing her deportation case to move forward. Dozens of community members packed the courtroom to show their support for Toledo as she continues her legal battle.
Immigration Services served Toledo with two charging documents alleging she lacked proper authorization or documentation to enter the United States.
Toledo and her legal team argued that her DACA status along with her advanced parole permit, should be enough to allow her to remain in the country, and asked for the case to be dismissed.
Mo Goldman, Toledo's immigration attorney, presented these documents to the court to strengthen Toledo's case.
"When you look at it as a court is supposed to, you're supposed to weigh the positive versus the negative equities," Goldman stated. "We presented the court with numerous letters, evidence that she graduated from school...she's had DACA for nearly a third of her life."
The judge ultimately sided with Immigration Services, Goldman describing the government's side of the case.
"Well, the government argued that when someone gets paroled into the United States, they're not arguably admitted into the US," Goldman said. "So what they're saying is that she was not actually admitted to the US; she was paroled."
Toledo described the emotional weight the legal fight has placed on her.
"There's a lot of trauma involved in those things, and I can't be a normal person right now," Toledo said. "I walk, and I'm looking around, and I just don't feel safe."
Toledo was detained on May 18th when ICE agents entered her Flowing Wells home and arrested her.
Toledo's family says agents forced their way inside without a judicial warrant.
DHS told KGUN 9 that Toledo "assaulted a law enforcement officer" during a targeted enforcement operation and had illegally re-entered the country in October 2024.
Goldman has adamantly disputed both of those claims.
Toledo was later released from the Eloy Detention Center. Her DACA status has been renewed through June of 2028.
Despite the ruling, Toledo said she is determined to keep fighting for her community.
"I think my strength right now is that I'm doing it not just for me, but for other DACA recipients," Toledo said. "I'm going to continue, even though it's been really hard, because they deserve not to go through the process that I went through being an Eloy and going through the horrific situation."
Toledo's legal team says they are looking into appealing the judge's decision. A final immigration court hearing is scheduled for March 26th, where a judge will decide if Toledo and her husband, who is filing for legal asylum, can stay in the United States.
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JJ McKinney joined KGUN 9 in July of 2025 as a multimedia journalist. He graduated from Colorado State University in May of 2025 with a degree in journalism and media communications and a minor in law. With a background in investigative reporting and documentary filmmaking, JJ is dedicated to giving a platform to the voices of his community. Share your story ideas and important issues with JJ by emailing jj.mckinney@kgun9.com or by connecting on Instagram, Twitter, or Facebook.
