Acosta was taken into custody by ICE on Jan. 28 outside his home in Durham. Acosta — who is now 19 years old — was on his way to Riverside High School when ICE officers approached and detained him.
“Mr. Acosta falls within an enforcement priority category due to a final order of removal issued by a federal immigration judge in March 2015,” ICE said in a statement.
ICE Director Sarah Saldaña halted Acosta’s deportation in March until an appeal could be heard. Advocates for Acosta, like U.S. Rep. G.K. Butterfield, D-N.C., asked for time for the teenager to appeal his case. Acosta was detained on a Friday and issued to be deported on a Sunday – giving the teenager’s attorneys no time to appeal.
“I believe that U.S. Immigration and Customs Enforcement’s limited resources would be better utilized focusing on dangerous criminals who pose a threat to our communities rather than high school students and teenagers trying to make better lives for themselves,” Butterfield said in a press release.
Acosta fled his native Honduras when he was 17 to reside with his family. He said that he moved because of threats made by gangs in Honduras. He was granted a hearing in front of an immigration judge, but he failed to appear in court — on the advice of his attorney.
To stay in the United States, Charlotte immigration attorney Robert Zuniga said Acosta must prove he needs asylum.
“These individuals have to prove that they are under persecution, and it usually has to do with a group they are born into,” Zuniga said.
Federal law defines those groups as race, religion, nationality, political opinion or membership in a particular social group.