Wrongfully deported immigrant returns to Raleigh. Why his legal fight isn’t over

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A Honduran immigrant returned to his home in Raleigh this week for the first time in months after a federal judge ruled he was wrongfully deported from the country earlier this year.

Jose Eliezer Martinez-Andino, 20, was released from ICE custody on Sept. 11 after spending about a month in federal custody in Texas and more than five months in Honduras — a country he said he felt unsafe in after experiencing abuse there as a child.

“I am very excited to be back, to reunite with my family, and to see my daughter again,” he said in a statement provided by his legal counsel. “I am deeply grateful for this opportunity to continue seeking legal relief on U.S. soil.”

Martinez-Andino’s official return to the U.S. — first reported by WUNC News — comes after a federal judge ordered the federal government to facilitate his return to the U.S. earlier this year, saying he was likely denied due process in his removal.

Following negotiations between his legal counsel and federal officials, Martinez-Andino was released from custody earlier this month without an ankle monitor, in exchange for his attendance at regular ICE check-in appointments as well as continuing hearings in immigration court about his legal status.

Martinez-Andino entered the U.S. as an unaccompanied minor in 2020, but an immigration court dismissed removal proceedings against him in 2023 after finding he had a valid application for a “Special Immigrant Juvenile” visa — a form of protection for individuals under 21 who are unable to be returned to their parents in their home country due to abuse.

But after his re-entry into the U.S. last month, federal officials terminated the deferred action tied to his approved special status — repealing a temporary protection against deportation granted to immigrants with special status who are stuck in long backlogs waiting for their visa.

U.S. Citizenship and Immigration Services did not provide a reason for the termination to Martinez-Andino’s lawyers, his legal team said. But his special status approval remains in place.

“We are thrilled to have José back home with his family where he belongs, and back on a path toward adjusting his status based on his approved [status],” Martinez-Andino’s legal team wrote in a statement.

“While we welcome his release, the unexpected decision by USCIS to terminate his deferred action — without providing any explanation or change in circumstances beyond a broad claim of discretion — remains a serious concern,” the legal counsel added. “Nevertheless, José’s [special juvenile status] approval remains fully intact, and we are moving forward to ensure he secures his permanent lawful status in the United States.”

Martinez-Andino met his lawyers from the immigration law firm Margaret M. Wong & Associates in their Raleigh office on Monday — his first time meeting the time in person after their months-long fight for his return to the U.S.

Though the revoked protection poses concerns for Martinez-Andino’s path to permanent residency, his lawyers said they’d continue to push for his future in the U.S. and applying for an adjustment to his status in the coming months.

This story was originally published September 21, 2026 at 1:16 PM with the headline “Wrongfully deported immigrant returns to Raleigh. Why his legal fight isn’t over.”