Victor Martinez Nieto chose to leave the United States with his 5-year-old son after both were detained on August 16, 2026, while driving to a children’s Sunday soccer game. The vehicle stop occurred in North Austin.
The boy, identified as Liam Tadeo, and his father were taken into federal immigration custody. They remained together at the Dilley detention facility as officials prepared for removal.
The father’s lawyer, Kate Lincoln-Goldfinch, said Martinez Nieto decided to return to Mexico with Liam rather than risk separation. The choice followed the government’s explanation that parents can either leave with their children or designate another adult to take custody.
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“Victor, facing the possibility that he will be separated from Liam [.] is deciding to depart voluntarily with this son because the alternative is that Liam could be placed into [Office of Refugee Resettlement] custody as an unaccompanied child.”
Lincoln-Goldfinch described the decision as voluntary departure with the child. The boy’s possible placement in the custody of the Office of Refugee Resettlement shaped the family’s choice.
A Department of Homeland Security spokesperson said the father and son would remain together in custody while removal proceeded. The facility, also known as the South Texas Family Residential Center, is in Dilley, south of San Antonio.
DHS said parents may choose removal with their children or identify a “safe person” to receive them. The agency also said Martinez Nieto and his son would remain together pending removal.
The father’s prior removal history now drives the case
DHS identified Martinez Nieto as a Mexican national. Officials said he entered the United States near Laredo around March 10, 2022.
He was arrested in Hutto on November 15, 2025, according to the department. Martinez Nieto accepted voluntary departure and was removed on February 12, 2026.
DHS said he later re-entered the United States at an unknown time and place. The department did not publicly detail the legal posture supporting the latest detention and planned removal.
That history can affect the process available to immigration officers. Cases involving a previous removal may proceed through reinstatement of a prior removal order, while other cases may involve expedited removal.
The child’s status also can determine the next step. Officials may treat him as an accompanying dependent child, or transfer him to ORR custody if he is not released to a parent or a designated adult.
The child had been preparing to start kindergarten
Sara Garcia, identified as a family spokesperson, said Liam was preparing to start kindergarten in the city that week. The family remained in federal custody.
The detention began as the father drove the child to soccer. The boy was about to attend a children’s Sunday game when officers stopped the vehicle.
The case drew public attention between August 20 and 24, 2026, as advocates and local officials raised concerns about a young child remaining in immigration custody. The father and son continued to be held together.
U.S. Rep. Greg Casar criticized the detention and pointed to the circumstances of the arrest. He said the boy had been taken while heading to a soccer game.
Calls followed for Liam’s release and for closure of the Dilley facility. Those demands focused on the child’s age and the possibility that immigration enforcement could separate him from his father.
“Parents have a choice if they want to be removed with their children or ICE will place the children with a safe person the parent designates.”
A DHS spokesperson also said the policy was consistent with earlier administrations’ immigration enforcement. The agency’s statement framed the options as removal with the parent or placement with a person chosen by that parent.
The latest update on August 25, 2026, placed Martinez Nieto and Liam together in custody pending removal. Their lawyer said the father had chosen departure with his son.
“This is consistent with past administrations’ immigration enforcement.”
This article provides general information and is not legal advice. Consult a qualified immigration attorney about your specific case.
