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Removal case against DACA recipient Karla Toledo dismissed, but legal fight may not be over

Karla Toledo immigration hearing
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TUCSON, Ariz. (KGUN) — An immigration judge has dismissed removal proceedings against Karla Toledo, a DACA recipient who was detained by Immigration and Customs Enforcement in May.

The case was dismissed without prejudice, meaning the government could refile in the future.

"It means that she's not, at this point, a priority for removal," attorney Mo Goldman said. "But the government could potentially reissue the notice to appear with the immigration court at some future."

Goldman, Toledo's attorney, says he filed a motion earlier this week asking for the case to be dismissed.

Toledo's immigration hearing was scheduled for Wednesday morning, but was canceled after Goldman learned ICE filed a similar request.

Supporters gathered outside of the Tucson Federal Building to hear directly from Toledo and Goldman.

"I'm relieved, but at the same time, I'm well aware that anything can happen," Toledo said.

31-year-old Toledo, has lived in the United States since she was one year old and has had DACA protection for years. She says her current DACA status is set to expire in July.

Goldman says her renewal application is pending and is now one of the biggest concerns moving forward.

Toledo also used the moment outside the Tucson Federal Building to encourage other DACA recipients and immigrants to prepare important documents and ensure trusted people know where those records are kept.

"I was absolutely not prepared," Toledo said, referring to her detention. "That's the reason why I want to help."

Community members who were at the gathering say they plan to continue supporting Toledo as she navigates the next chapter of her immigration case.

For now, Toledo is no longer facing active removal proceedings, though her legal team says the possibility of future action remains.

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Jacqueline Aguilar is a multimedia journalist at KGUN 9. Born and raised in Yuma, AZ., she is no stranger to the unforgiving Arizona heat. Now this U of A wildcat is excited to be back in Tucson and is looking forward to involving herself in the community. Share your story ideas with Jacqueline by emailing jacqueline.aguilar@kgun9.com or connecting on Facebook, Instagram or X.