A federal judge has ordered the Trump administration to facilitate the return of a Mexican national deported after he was detained while visiting family at Marine Corps Base Camp Pendleton, finding that immigration authorities violated his due process rights. In a 10-page order issued on Tuesday, U.S. District Judge Janis Sammartino of the U.S.
District Court for the Southern District of California granted a habeas corpus petition filed by Esteban Rios Sosa, a longtime Oceanside resident who had lived in the United States since 1988 and held deferred action status through his wife's pending U visa application. The judge further found that Rios Sosa had been deported without notice and that the government revoked his status without providing him an opportunity to contest the action. The judge ruled that immigration authorities violated Rios Sosa's due process rights when they deported him without notice or a hearing.
"The Court cannot fathom more 'extreme circumstances' than an unlawful deportation without justification, notice, or any opportunity to be heard," Sammartino wrote. Newsweek has contacted the Department of Homeland Security and Rios Sosa's legal team for comment via email. According to court records, Rios Sosa is married to Luisa Ofelia Rodriguez Tejeda and has family members who are U.S. citizens, including a son who previously served in the Marine Corps.
His daughter lives at Camp Pendleton with her husband, an active-duty Marine. On September 28, 2025, Rios Sosa, his wife and his son drove to Camp Pendleton to visit his daughter, who was pregnant. Despite possessing REAL ID-compliant identification, employment authorization documents and deferred action status, Rios Sosa and his wife were stopped at the gate and detained, according to court filings.
The couple had previously visited their daughter on the base about 10 times without incident, the petition said. After the encounter, they were taken to a federal building in San Diego, fitted with ankle monitors and instructed to appear for an ICE check-in appointment two weeks later. Court filings say they were repeatedly assured they would not be detained at that appointment.
When Rios Sosa and his wife reported for the October 9 check-in, however, immigration authorities detained them. Rios Sosa was taken to the basement of the federal building, told to wear a mask and deported to Mexico within 24 hours, according to the petition. His wife was also detained but was later released by an immigration judge because of her U visa-related deferred action status.
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