- A federal judge recommended dismissing Jessica Treviño’s challenge after she filed suit following her deportation to Mexico.
- Treviño says she refused voluntary departure papers; DHS says she accepted departure and waived her appeal rights.
- USCIS cited alleged travel on March 25, 2026, in seeking to end her DACA; no new court date was set by September 26.
A federal judge has recommended dismissing Jessica Treviño’s challenge to her deportation, saying she filed her lawsuit after removal and questioning whether a court can still provide relief. The case remains stalled, with documentation filed since the recommendation but no new court date set.
Treviño is a 35-year-old mother of three from the Rio Grande Valley who was brought to the United States from Matamoros, Mexico, at age 7. She had DACA status, which allowed her to live and work in the country through April 2027.
She spent about three months in immigration custody before DHS deported her to Matamoros in March 2026. Her legal team says the removal was not voluntary.
Treviño disputes the government’s account of how she left. “It was unfair because they didn't take even a moment to check my status.”
The judge questioned whether the court can still grant relief
Federal court records say the judge recommended dismissal because Treviño had already been deported before filing suit. The court also found the evidence insufficient to show that officials unlawfully removed her.
The recommendation puts the timing of the lawsuit at the center of the case. Treviño’s attorneys argue that her removal was involuntary; the court questioned whether it could provide an effective remedy after she had already been sent to Mexico.
That is not the same as a finding that she agreed to leave. The court’s recommendation cited both the timing of the filing and the evidence presented about the removal. The lawsuit remains stalled rather than resolved by a new hearing date.
Treviño said she refused to sign papers presented as a voluntary release. “I never signed anything for them.”
DHS, by contrast, asserted that she knowingly accepted voluntary departure and waived her right to appeal. The two accounts frame the dispute now before the court: whether she chose to leave or was removed against her wishes.
The termination notice cited travel on deportation day
U.S. Citizenship and Immigration Services sent Treviño a notice of intent to terminate her DACA status. The agency cited alleged unauthorized travel outside the United States on March 25, 2026, the same day DHS deported her.
The notice and the court challenge concern related but distinct questions. USCIS cited travel as its reason for seeking to end her DACA protection; Treviño’s lawsuit contests whether her removal was lawful and voluntary. Her authorization had been set to continue through April 2027.
Documentation has since been filed in the case. As of Sept. 26, 2026, no new court date had been set.
This article provides general information and is not legal advice. Consult a qualified immigration attorney about your specific case.
