The man, now returning to Phoenix, where he lives, was granted "parole in the area," clearing him to stay in the US after his wife died in 2010 in Afghanistan, says the lawyer . Jose Gonzalez Carranza was arrested by ICE agents at his home in Phoenix on April 8 and was taken to Nogales, Mexico, at the border of two days later, his lawyer Ezequiel Hernandez told CNN on Monday. Carranza was brought back to Phoenix and released Monday, hours after his deportation was first reported by The Arizona Republic. Hernandez said his law firm had tried to contact the ICE for details relating to why Gonzalez was returned to Mexico but did not receive a reply until his office notified the press.
Despite Carranza's return to the US, Hernandez said his case was not over.
Carranza entered the United States illegally as a teenager in 2004 from Mexico. In 2007, he married Army Pfc. Barbara Vieyra and the two have a daughter, now 1
"Pfc Barbara Vieyra, 22, of Mesa, Ariz, died on Sept. 18 by injured when rebels attacked his unit using an improvised explosive device and rocket propelled grenade fire in the province of Kunar, Afghanistan 720th Military Police Battalion, 89th Military Brigade Police, Fort Hood, Texas, "according to the records of the Department of Defense.
After Carranza was arrested, her daughter went to her grandparents who were joint custody after Vieyra died, Hernandez said.
According to Hernandez, Carranza was given "parole in place" status of immigration authorities. This assignment, often given to extensions, means that Carranza was allowed to stay in the US without the threat of exile.
ICE has issued a case of deportation against Carranza last year despite parole-in-place designation. However, a notice for Carranza out of court was sent to an old address, Hernandez added.
As a result, Carranza did not appear in court and ordered the judge to return.
(parole-in-place), "Hernandez said." They stopped (Carranza) because of the order of departure made due to court hearing my client did not go because he did not know. Today we do not know why the client has been removed. "
CNN reached the ICE for comment. The agency said that a statement would be released later.
" I do not know whether the papers are confused follow the orders, "Hernandez told CNN, referring to ICE officials.
Hernandez said ICE agents brought his client from the border to Nogales to Tucson and eventually dropped him to Phoenix late Monday.
Hernandez said the next step would be to wait for an immigration hearing in Phoenix to see if a judge would reopen Carranza's case. In front of the judge, Hernandez said his team has asked for a cancellation of the order of deportation.
Arizona Democratic Sen. Kyrsten Cinema told CNN that his "office is in communication with G. Carranza's lawyer and we will help Carranza family in the process it's up. "
Chris Boyette and Artemis Moshtaghian of CNN contributed this report.