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.
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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."
“16 days ago, she was abducted from her home by rogue ICE officers who didn't have proper warrant or documentation to do what they did to her," Goldman said.
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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.
“They stated in their motion to the judge that there were changed circumstances. I don't know what those circumstances exactly are except for the fact that this looked really bad for the government," said Goldman.
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.
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31-year-old Toledo, has lived in the United States since she was one year old and has had DACA protection since 2012. 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. I want to put out a few guides so we can prepare. It's not just having your DACA, but also having all the paperwork that you've had, and also having privacy disclosures because once you are in there, it's so hard for you to get those signed.”
Goldman also says no charges have been filed against Toledo after ICE claimed she assaulted an officer.
Community members who were at the gathering say they plan to continue supporting Toledo as she navigates the next chapter of her immigration case.
Ren Manning, co-director of Borderlinks, a local nonprofit that uses education to inform people about migration justice, shares why they showed up to support Toledo.
"Karla's one of our really important community partners. She's extremely active in the community, she's loving and caring and outspoken and we are really mobilizing to support her because we need her to be able to stay in our community," said Manning.
For now, Toledo is no longer facing active removal proceedings, though her legal team says the possibility of future action remains.
“It means she's not under the legal protection of DACA anymore and it puts her in a position of potential peril," said Goldman.
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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.
