Cesar Leyva is holding on to a very thin thread of hope that he’ll be able to return to the United States to be close to his 6-year-old son. He hasn’t seen his boy in six months.
In April, Immigration and Customs Enforcement officials apprehended Leyva in Tucson at approximately 3 p.m. By 6 p.m., he was turned over to Mexican authorities in Nogales, Sonora. He hadn’t been to his native country in more than a decade.
“Imagine heading to the bank to cash a check, I get pulled over, three hours later I am in Mexico,” he says in Spanish, sitting at a coffee shop in Sonoyta, Sonora, across the border from Lukeville, Arizona, which is as close as he can get to his past life at the moment. “I hadn’t been in Mexico in 13 years. It was a terrible shock.”
He stayed in Nogales for a week, while his brothers dropped off a few belongings, before heading to Puerto Peñasco. Leyva says he had never visited the small beach town, but a cousin he is close with lived there, so it seemed like a good choice for a temporary home.
Half a year later, it still doesn’t feel real. He hasn’t explored his new surroundings much, or gotten to know any of the locals, because he’s so determined to come back to the life he built since immigrating to the U.S. in 2002.
The 37-year-old was born in Naucalpan de Juárez, a town just outside Mexico City. He ended up living in Mexico City through his teen years. His parents, who were extremely poor, sent Leyva to the country’s capital to live with his aunt, who offered to pay for his schooling.
That only worked out for about a year, so by age 17, Leyva was out on his own, working at a print business sweeping the floors at night to later become a sales representative for the company. At 19, he moved to Cancun, and four years later, in October 2002, he migrated here with a 10-year tourist visa. His two younger siblings and older brother (who are all by now legal residents of the U.S.) were living in the Old Pueblo already. It was the first time ever the three brothers and sister were together.
Within a year of living here, Leyva learned English—mostly thanks to newspapers, the radio and TV—and moved out from simultaneously working three jobs to starting a small landscaping and moving business that eventually grew to home remodeling. Despite being here undocumented, before being deported, Leyva was truly making it.
He felt his economic success was a sign that he was ready to become a father. Six years ago, he and his now ex-wife had a son. Leyva’s father wasn’t in the picture much, and he doesn’t want the same for his son. From Puerto Peñasco, Leyva continues to provide for his kid, working minor jobs here and there. He rented out the home he owns in Tucson and sold his truck. Two workers of his continue to run Leyva’s business.
He can’t think about anything but returning to the U.S. to be with his son.
“I talk to him on the phone every single day,” Leyva says, about his boy, adding that his ex-wife is concerned for her and their son’s safety driving to Mexico, so they haven’t visited. “It hurts. My son and I are very close, and I feel he’s getting used to my absence. I don’t want to be just a memory for him. All I want to do is work and provide for him.”
Citing issues with his legal representation in Tucson, Leyva hopes ICE will consider reopening his case and allow him to fight it within the U.S. Another positive he feels he has on his side is the long American ancestry that runs through his veins. No matter what the outcome, Leyva just wants another chance.
Legal Woes
In 2003, Leyva flew from Phoenix to Mexico City to visit his father. It was the last time he saw his father before he passed away in 2011. His plan was to return to Tucson by car and cross—using the tourist visa—through the Nogales Port of Entry.
At Nogales, immigration officials didn’t let him back in because the tourist visa didn’t allow him to travel outside the U.S. from a city too far from the border. If he hadn’t left the country from Phoenix, he wouldn’t have had an issue coming back.
He tried reentering twice after that, but by the second time, a friend suggested Leyva say he was a U.S. citizen. He also gave a fake name, “in the hope that I would be allowed into the country,” Leyva says in a statement he submitted to immigration court. “I quickly admitted that I was not a U.S. citizen and they returned me to Mexico. I fully regret having lied. I now know that it was wrong and I wish I had never lied.”
A few days later, he crossed through the desert near the Sonoyta-Lukeville borderlands.
The following years were equally tumultuous. In 2004 and 2005, Leyva was arrested for driving under the influence twice. He plead guilty to both charges, completed probation and paid all fines. In April and May of this year, a criminal court judge “was satisfied that I completed the court’s requirements and set aside both of my DUI convictions,” Leyva’s statement says. No immigration troubles came from that, though, and Leyva’s record has remained clean.
A minor traffic infraction in 2006 (his U.S.-citizen cousin was driving the car, but Leyva says police officers still asked for his ID), revealed Leyva’s immigration status. The officers contacted Border Patrol. He was detained, and voluntarily went back to Mexico. Again, he crossed back into the U.S. through the Sonoyta-Lukeville desert. The following year, Leyva had another traffic incident—the tire in a truck trailer he was towing came off and the metal axis caused a fire on the freeway. After the mess, he was apprehended. This time he refused to sign another voluntary departure, so he was sent to the Eloy Detention Center, where he was released on bond after three weeks.
Shortly after, he met Tucson-based attorney Patricia Mejia, who represented Leyva for about eight years. “I focused on working and I focused on my family. I entrusted my legal fate in her. I always trusted her. She’d say, ‘Fill out this form, bring me this money, and everything will be fine.’ And I would do it,” he says.
The Downward Spiral
Recently, Leyva and his current lawyers in San Diego, Calif., Ginger Jacobs and Maria Chavez, filed a near-200-page complaint against Mejia with the State Bar of Arizona, and another with the U.S. Immigration Court, where they accuse Mejia of being unethical, mishandling Leyva’s case to the point that he was deported, and several other code of conduct violations.
They hope the complaints against Mejia’s alleged incompetent representation will help re-open Leyva’s case. Leyva feels he didn’t get a fair fight.
Both the Arizona Bar and the immigration court have responded to the trio’s complaints against Mejia, and all are currently being reviewed.
Essentially, there are two parts to his case—the first, is the legal strategy to reopen the case before the Board of Immigration Appeals, because of the alleged mistakes by his previous attorney. The second is pleading ICE to re-open the case, and let Leyva return while this second chance plays out in the legal system.
In terms of Mejia, according to Leyva’s new attorneys, the most detrimental issues are the following allegations: filing Leyva’s deportation petition for review with the 9th Circuit Court of Appeals late; forging his signature on the petition for review; filing said review in a way it looked like Leyva was representing himself; not advising Leyva that if he filed a petition for review with the 9th Circuit, he would “forfeit his voluntary departure and would receive a removal order if the 9th Circuit denied the petition,” the complaint says.
Back in 2012, the immigration judge in Leyva’s removal proceedings ruled that the process had gone on too long. Mejia unsuccessfully appealed, and told Leyva in March 2014 that he should file for a petition for review with the 9th Circuit—as sort of the final straw.
“Because Mr. Leyva was unaware of the consequences and he wanted to remain in the United States, he proceeded with the petition for review. This petition was due within 30 days of the (Board of Immigration Appeals’) denial on April 25, 2014. Late in the day on April 24, 2014, Mejia emailed Mr. Leyva asking to verify his address and explaining that she received the appeal dismissal from the BIA … She reassured Mr. Leyva not to worry,” the complaint says.
Mejia ended up mailing the petition for review the day of the deadline, April 25, “After which receipt of a petition for review would be untimely, therefore, jurisdictionally barred from consideration.” On top of it all, Mejia gave Leyva the wrong amount for the money order that was supposed to be filed along with the petition for review, Leyva says.
Because this happened, he didn’t have the option of voluntarily leaving anymore. Instead, an order for removal emerged.
The day he was taken into custody this year, ICE said he was a fugitive. Turns out, after the petition for review failed, a letter telling him when and where to turn himself in was supposed to arrive. It never did, he says. Mejia confirms that she didn’t get an order either, and neither did the person who paid for Leyva’s bond to get him out of Eloy. “If I had received a letter or other instruction to turn myself into ICE officials, I would have complied,” Leyva says, adding he always obeyed the court’s requests.
Even though the previous bad news seemed like a dead end, Chavez says Mejia could have filed for a request for stay of removal with ICE, which, if granted, could have given him another year and a chance to possibly renew that permission on an annual basis.
Among the pile of accusations, there are also claims that Mejia mismanaged the thousands of dollars Leyva paid for her services. In the complaint filed to the Arizona Bar, there are pages and pages of emails, account statements, and other evidence submitted. Leyva says that more wrongdoings took place throughout those eight years, but that he chose to focus on what he is able to prove.
“Mr. Leyva did not discover Mejia’s late-filing error until July 3, 2015, when our office reviewed his file and informed him of the mistake,” Chavez says in the complaint. “Her actions are in violation of the Arizona Rules of Professional Conduct and because of her, Mr. Leyva’s life has been turned upside down.”
Chavez also says Mejia did wrong in not formally requesting ICE for prosecutorial discretion (in 2011 and 2014, the Department of Homeland Security, and other agencies under its umbrella, issued memoranda that dictated who is a priority for removal).
Leyva and Chavez say Mejia never discussed the possibility of requesting the relief. But, in an interview with the Weekly, Mejia says she believed the two DUIs from 10 years ago, and lying about being a U.S. citizen, were the “kiss of death” in Leyva’s case, and that he wouldn’t have qualified for prosecutorial discretion. According to ICE, the agency “exercises prosecutorial discretion … considering the totality of an individual’s case, including but not limited to criminal history, immigration history, family and community ties, humanitarian issues and whether he or she is likely to receive temporary or permanent status or other relief from removal.”
Chavez says that the convictions that happened a decade ago, and all other mistakes Leyva could have made, “is not a bar to requesting prosecutorial discretion or a stay of removal with ICE—two remedies (Mejia) denied Mr. Leyva due to her incompetence.”
Mejia, who is already on probation with the State Bar of Arizona over a separate case, assures she did everything she could—that everything else was out of her control.
In 2007, she filed for a “claim of derivative citizenship,” because of Leyva’s American ancestry. His paternal grandmother, Carmen Watson, was born and raised in Nogales, Arizona. Leyva’s father could have requested the U.S. citizenship, even though he wasn’t born here, but he never lived in the U.S. Any other options down that route died after Leyva’s father passed away in 2011.
Mejia also hoped to get him a U-visa, which is granted to immigrants who are victims of certain crimes on U.S. soil. Four years ago, Leyva’s ex-wife and son were home when a burglary happened, but because Leyva wasn’t present, he didn’t qualify for the special visa. Mejia says all doors closed in Leyva’s face. Mejia says she wishes that hadn’t been the case.
In terms of ICE allowing Leyva back into the country, the agency has done so in the past, but under different circumstances, such as the agency realizing they messed up on a person’s removal documents for example.
ICE could facilitate a person’s return to the U.S. if an immigration court’s decision in a person’s case results in “a restoration of the individual’s lawful permanent resident status,” or if the person’s presence is absolutely necessary for “continued administrative removal proceedings, including instances when the individual’s case is remanded back to the immigration judge. However, ICE will not facilitate the individual’s return to the United States if his or her presence is not necessary to resolve the administrative proceedings,” says an ICE statement sent to the Weekly.
“Individuals who petition the circuit courts of appeals for review of their administrative removal orders may continue to litigate their petitions even after their removal from the United States. Absent a court-ordered stay of removal, ICE may lawfully remove individuals while their petitions for review are pending,” the statement says.
Chavez says it will be difficult, but they are willing to fight and move forward.
The Now
Throughout this odyssey, Leyva wonders about what truly makes a person an American.
He has family members who were born in the U.S.—many fought in the Civil War; his paternal great-grandfather, who was born in Pennsylvania, served in World War I and was a chemist for the Manhattan Project during World War II. According to research by his current attorneys, his ties to the U.S. date as far back as the 1700s. As of now, he has three siblings who are legal residents, a handful of nephews who are U.S. citizens, and his son who is also a citizen.
Yet, because he was born on the “wrong” side of the border, he doesn’t have a piece of paper that labels him an American, much less have the legal permission to be here.
“My ancestors fought for the right of their children and grandchildren to live in the United States in peace and freedom,” Leyva says in a statement. “I can’t imagine that my great-grandfather would ever have thought, as he was fighting for the U.S. in World War I, that his own great-grandson would not be born a U.S. citizen and would be deported from the U.S. My ancestors helped build the United States.”
As he finishes his traditional Sonoran breakfast and gets ready to drive back to Puerto Peñasco—his new home that doesn’t feel like home—Leyva realizes that he will soon be all alone. His only family member there is moving to Cancun. He’ll have to rely on his siblings visiting when they can, and try to keep the hope alive that his ex-wife and boy will drive down to visit one day.
If things don’t go as expected, and his son is not able to visit until he is 18, Leyva plans to keep every piece of paper that proves he did what he could to come back to his child.
“I want the opportunity to get a just and fair representation, an efficient representation. The mess I am in right now is because I want my day in court. I just want to go back … work and reunite with my son,” he says.
This article appears in Nov 19-25, 2015.
“because he was born on the “wrong” side of the border, he doesn’t have a piece of paper that labels him an American”
Yeah, that’s true for about 6.5 billion other people too.
He’s been here 13 years and still doesn’t speak English. That’s becoming American and merging into our society.
Actually jim, it doesn’t say he doesn’t speak English. It says it does. He taught himself English the way many immigrants do. Read the story.
“Leyva was truly making it.”
Did he file income taxes?
Is he paying property taxes for his children’s education?
No. He’s a parasite. He doesn’t want to be an American, he just wants our money and benefits.
Jim you can not assume that he does not speak English even if you know somebody you should never speak about no body. You did not learn that at home? Or at school? I know him and his family for over 15 years and I’m sure he is smarter than many others, he started his own business, he was one of my tenants speaking fluent English very responsibly, capable to manage his own company generating employs for many other Americans they can give testimony that he is a reliably hard worker person an excellent and great father. As many other young made mistakes unfortunately most of
the time do not think that every action must have consequences.CASE SHOULD BE REOPEN AND GRANTED ON OPPORTUNITY.
What a sad and troubling story. The shocking incompetence of his attorney, not to mention the whole ICE legal apparatus in Arizona. And Cesar’s naivete in just blindly trusting her, not thinking maybe he needed a new attorney…I’m sure there are thousands of Mexican-Americans in exactly the same situation as Cesar.
As a matter of fact he did pay property taxes due to the fact hes a home owner. Also he has paid for his sons private school and set up a college fund for his sons higher education needs. He continues to contribute to that 529 plan every month, not to mention that his mothers son is an american citizen and she also is employed and a productive member of society
Hello, my name is Carmen Leyva Watson and I am Cesar’s aunt. I live in Mexico City and just now I was reading your comments. Cesar is a great human being, that speaks perfect English although he does have a slight accent, payed his taxes and provided work for many people. He did however go short on his heritage. Jones Bradbury, my great grand uncle, has a monument for his services in the Civil War. ( Look him up in Google) We have more family in the United States than in Mexico. My grandfather, James A. Watson, of Irish descent, studied at Swarthmore University, having the best grades in his campus, and a close collaborator with Albert Einstein. Another uncle of mine, and great uncle of Cesar’s, was Chief of counterintelligence of the CIA, James Jesus Angleton. Angleton’s mother was my grandmother’s sister. My father, studied in the USA for many years as a young man, and always worked for American companies, AMP, Pennsalt and IBM, amongst other’s. He was raised as an honest man and a hard worker. We could have moved easily to the States anytime, -my parents were married in the States because my mother was born in the USA- but the opportunities for my father were of his excellent domain of the English language and his career as an extraordinary accountant. He also wanted better cultural opportunities for us, his kids, and we came to live to Mexico City. Where we have all made our lives worth while. My mother, raised us as american kids living in another country. Loving and respecting both countries. We always knew that we had the chance to live there or become citizens if we applied. Unfortunately for Cesar, My mother passed away in 1996 and she could not help Cesar. Cesar has a long story of honesty on his background, anybody can make mistakes, so much more when your young and do not the legal system in a foreign country. I understand that some of your comments are based on other experiences with undocumented aliens, but I do understand you do not know Cesar and the education he has received all his life, his father might not have been rich, but he did raise him as a good honest man. You should see him what a great father he is, his son is all that matters to him in this world, I do hope ICE takes this in consideration. Another thing, I filled for residency in 2001, because I wanted to retire close to my sisters in Tucson, I was approved in 2004, and STILL am waiting for my appointment with the ICE officers. So it’s been 14 years since I applied, the legal way, have asked and it will take four more years for my date with Immigration officials. No sweat…I am 65 and might not even get to that date, it does not bother me. But…..for Cesar not being able to see his son and be there for him….that really makes me wonder if there is justice in this. I really do pray and hope that he does get his day in court. CARMEN LEYVA WATSON
NO SYMPATHY.
“in October 2002, he migrated here with a 10-year tourist visa.” Did that say MIGRANT VISA? NOOOOOOOOOOOO!!!!!!!!!!!!!!! HE WILLINGLY AND KNOWINGLY BROKE THE LAW!!!!!!!
HE IS A CRIMINAL!!!!!!
A Nation without laws is not a nation.
A Country without borders is not a country.
Too bad, so sad. He broke the laws, and now wants to be treated as a special circumstance, because……feelings?
On my comment before, I do want to emphasize that I live in Mexico City, have a very good life and if in my lifetime I get to have the residency, I do not need any of the benefits that your government gives, I have my medical insurance, life insurance, home totally paid for, and a very, very nice one it is. I would like to have my papers in order besides my tourist visa, so I can stay as long as I want. And come back, whenever I want. Life is good for me…I hope it will be for Cesar also. He needs his son, and be a part of his life. How many Dad’s abandon them? and then the kids turn into a real problem, for the system. ….This is not the case, Cesar loves and cares for him, and has the upbringing of family first, family is what makes us be a part of our society in a positive way.
Well I guess he forgot one thing, he is here illegally!!!!!!!!!!!!
and if he does get his day in court, it will be to be charged with the crime of breaking our laws along with his aunt and they both get real jail time, none of this just deporting them. A year in a tent city jail.
Why does he think he is better than his fellow Mexicans that are waiting in line to come here legally?
Throw his ass out.
Very sad story.Putting mistakes aside or the judgement theres a child and father who seem care a lot for eachother.The article says his previous lawyer made many mistakes which is unfortunate.
Excuse me, PaulAz….I now know you are an illiterate , did you not read that I LIVE in Mexico City?….I can not understand why….your country will give 250,000 visas to KNOW ENEMIES of the USA, and not let some people from a friendly neighbor country, work honestly. I hope you never enter Mexico and break our laws, I will look forward to seeing you in a Mexican jail, where we will treat you according to your education.
The story seems to show a man who has strong American ties/family heritage in the U.S. and who made some mistakes but at the end just want see his son grow. As a father myself I can understand humans make mistakes which some are hard bounce back from but one must always believe in second chances. A parent never gives up and sounds like he just trying to fix his mistakes and be part his child’s life. I applaud him and hope this story has positove outcome. Give him a chance, as a parent I would want the same and sure anyone else would too. Prayers and peace.
After reading this front page article I see a complex situation but as a father, brother, son and friend to many I hope he´s given a chance. Lastly this country is built on immigrants so lets not forget but forgive and show mercy.
I am a believer in doing things right way but also believe humans make mistakes and seens like he did do things the right way originally but after going visit his father things got tough and mistakes happened. It also appears he has a family history of Americans and heros in this country. Very interesting article since people in his sitiation are labeled so much but eveyone has a story and some are here to do good and make difference in our country. Since article showed he tried to do things right just his previous lawyer did few things wrong and didn’t help his situation I say hear more of the story and give him chance to get in line and fix his situation.
I was shocked to see this article on front page.It was a bit long but worth the read. Sounds like this man needs some prayers and his family. The article is simply about reuniting with his resident siblings, son and his many American citizen family members.
The United States could either jail or deport the millions of “undocumented” people at a high cost or redo the immigration system for people like Mr. Leyva. Then each state would increase tax revenues and devote law enforcement dollars to other things like education.
This article is heart wrenching due to the fact his only and main goal is to be reunited with his son and very large family and fix his mistakes the right way. As a parent I admire his strength and strong love for his child to not give up. To me that sounds like a positive memeber of society not a parasite.It takes a lot of courage and dedication to keep trying and fighting for a chance. These topics tend to bring absolute hate or compassion and I believe the core of America is compassion welcoming our neighbors, immigrants. If one can look at mistakes but also look at a life, the person and the positives. If anyone who read this story was in same situation they hope you see a person who just wants to do right thing, see his family and do good all around. He deserves a chance like so many others in same situation.Prayers and hope sent out to this family.
The United States could deport or incarcerate the millions of “undocumented”people or revise the immigration process for people like Mr. Leyva who are not criminals or take goverment subsidies. Each state could then increase tax revenues and redirect law enforcement dollars to things like education.
In all likelihood, if I, or anyone on this post was living in poverty and in a 3rd world country where the gap between rich and poor was even greater than in America, We’d be hiking the length of Mexico, paying scumbag coyotes, or whatever was needed tto improve our lives. But that’s only half the story. This story reads like a highly biased informercial for very selective amnesty. Senor Levya is also an exceptional Latino. What about those seeking a better life from Asia, who wind up being trafficked and exploited. Where’s the article on corrupt governments and what is in many ways, a corrupt culture that says you have to make many babies to be somebody, as the Catholic Church and Latino culture does, resulting in more people and less resources. Why is the Latino culture the only one that refuses to assimilate? We’re not dialing 2 for German, 3 for Chinese, or 4 for Gaelic.
Where’s the article and the pressure on banana republic dictators, as in Guatemala and El Salvdor? Mexico has more millionaires per capita than the US, yet grinding poverty and wholesale corruption. Addressing these issues is also important and even more critical on a larger scale.
Read the article and admire this man for his fight to be with his son. Immigration is a broken system that needs re-vamping for all others in this situation.
Like many other commenters, I am struck by Cesar’s determination to be a positive presence in his son’s life. Not only in his efforts to reunite with his son and family, but in his attempts to own and correct past mistakes. It seems he made an honest mistake, visiting his father, that led to the initial refusal to reenter the US. Could his mistakes impact others? Yes. Were any of the mistakes done with the intention to harm or cause malice to others? I don’t think so. My question is not about whether laws were broken, but whether the punishment fits the crime and whether the legal system works equally. I would argue that his son is bearing the bulk of the punishment and there is a reasonable argument that legal representation contributed to his current circumstances. Give the man his day in court. Prayers and peace to this family.
YESSS HE NEED SERGIO. TO CAME BACK TO SEE HIS BEAUTIFUL WIFE AND SON HE DESERVE LIKE ANY ONE ELSE NOBODY IN THE U..S..A CAME LEGAL LOOK FOR YOUR GRANDPARENTS MMM YOU THINK THEY CAME HERE LEGAL WELL NDOOOOOO TO THE PEOPLE WHO SAY THAT ILLIGAL MEXICANS DONT PAY TAXES YOU ARE SO IGNORANT EVERY BODY IN THIS COUTRY PAY TAXIS HELLOOO OF COURSE AFTER THE THE SB1070 PEOPLE HAVE TO WORK AND EARN $$UNDER THE TABLE BECAUSE THEY DONT LET THEM WORK LEGALY THIS IS A FREE COUNTRY AND THE NAME IS UNITED STATES WERE ALL THE PEOPLE CAME HERE TO ONE NATION AND BRAVO FOR THE UNT YOU ARE AMAZIN SUPORT FAMILY MEMBER AND IF THEY NEED A WITNES IM COURT IM IN YOU RACIST RADICAL SQUARE PEOPLE ARE HERE TO STAY AND WE ARE NOT GOING ANYWHERE IF YOU DONT LIKE US YOU LEAVE FOR YOUR COUTRYS
What I don’t understand is why his wife never got him a green card? Hello? Didn’t she care enough about him to at least do that? Didn’t she want her son to have his dad in the picture? The ex-wife sounds shady to me.
November Rain I am a good friend of that family and looks like you didn’t read the story well enough about Mr.Leyva´s situation.Re-read the article. The ex-wife is a wonderful mother and shows support to the tragic situation.Mr. Leyva is very grateful of the amazing mother his son has. Me and My husband pray for this family and the best anyone can do is show kindness and support to all.
Cesar IS a criminal who came here illegally and never took the effort to become legal IN SPITE OF THE FACT THAT HE HAD 13 YEARS TO DO SO! All he ever had to do was go back across the border to Mexico, fill out the paperwork like he never left, and wait his turn like the millions who have come here legally before him.
This man is the victim of his own choices, and his son pays the price of his laziness and selfishness. He’s a terrible father because he never did what he needed to do to ensure that he wouldn’t be separated from his family.
I repeat, the only thing that this man is the victim of, is his own choices.
Cesar is my Brother and a great father. If anyone should be affored the opprotunity to get his life back on track its Cesar. My prayers are with you and your family. Rufus