PHOENIX, AZ (CNN) - An Arizona attorney said the husband of a U.S. Army soldier killed in combat was deported to Mexico even though he had permission to stay in the U.S.
The man in question, Jose Gonzalez Carranza, was arrested at his Phoenix home last week and taken to Mexico days later. His 12-year-old daughter was left behind.
Carranza has since been brought back to Arizona and was released Monday.
The attorney, Ezequiel Hernandez, said Gonzalez Carranza, who entered the U.S. illegally in 2004, was granted “parole in place” status by immigration authorities after his wife, Army Pfc. Barbara Vieyra, was killed in Afghanistan in 2010 at age 22, AZcentral reported.
His daughter lives with her mother’s family, AZcentral reported.
Those granted the status are allowed to stay in the U.S. without the threat of being deported.
But the attorney said U.S. Immigration and Customs Enforcement refiled a deportation case against Carranza last year and a judge ordered him deported after he failed to appear in court.
The attorney said Gonzalez Carranza never received the court notice because it went to an old address.
The lawyer wants to know why the deportation case was reopened in the first place.
An ICE spokesperson said it will release a statement about the case later.