TACOMA, Wash.—Attorneys at Innovation Law Lab and Northwest Immigrants Rights Project filed a second habeas petition today on behalf of Maria Loya Medina, a mother of two from Albany, Oregon who has been detained at the ICE detention center in Tacoma for nearly two months.
Maria, 44, was shopping for socks for her son to wear at his upcoming soccer match at a sporting goods store in Albany on January 10 when agents swarmed her car, smashed her window, and arrested her. The federal agents were part of Operation Black Rose—a DHS operation in which ICE agents make unprovoked, destabilizing community sweeps throughout Oregon.
Maria has no criminal record. She works as a house cleaner and has lived in the U.S. for 21 years and in Oregon for nearly a decade. She is raising two children and is the primary caregiver for her husband who had a stroke in December 2025 and recently underwent heart surgery.
A federal court ruled her detention unlawful and that she be released or given a bond hearing on January 29. The family gathered letters of support from her pastor, her husband’s doctors, and community members. But Maria’s bond hearing lasted less than fifteen minutes. It was not recorded, no transcript exists. After the hearing, Maria’s lawyers received a form response from the judge who checked the box for “Flight Risk,” despite her deep family and community ties. During a subsequent deportation hearing members of the media were asked to leave.
"It is a travesty of justice that the Immigration Judge refused to permit Maria to return to her children and husband," said Matt Adams, legal director for Northwest Immigrants Rights Project. "No matter which way you look at the facts, there is no basis to conclude that Maria presents either a danger to the community or a flight risk. She should be back home with her family."
“Immigration detention is not supposed to be about punishment,” said José G. Miranda, senior staff attorney at Innovation Law Lab. “But I can think of no other purpose here. It certainly isn’t about fairness nor justice. We are calling on the federal court to make this right."
Today’s petition argues the government violated Maria’s right to Due Process from the Fifth Amendment, and violated the Immigration and Nationality Act. Her attorneys ask the court to order her immediate release or hear her case again.
“The government has to have a good reason to take away a person’s liberty, and that reason cannot be just to fill detention centers,” said Stephen Manning, executive director of Innovation Law Lab. “Maria belongs home with her family.”
Since Maria’s detention, her 14-year-old daughter has been diagnosed with depression and often refuses to eat. Her 16-year-old son has had to take on the role of parent to his younger sibling because his mother is detained and his father is recovering from surgery, while balancing a rigorous academic schedule.
Maria’s husband Serapio Herrera shared the following statement:
“Mi familia se esta destruyendo cada día que pasa, como esposa, y madre de mis hijos, nos hace falta mucho en la casa, y lo que más deseó, es un día verla regresar a casa. Y volver estar juntos como la familia que somos.”
English Translation: “My family is falling apart with each day that passes. As a wife and mother of my children, we miss her so much in the house, and what I want most is to one day see her come home. And to be together again as the family we are.”
Maria’s sister-in-law Melissa Loya shared the following statement:
“As an educator myself, I tend to think about the children first in any given situation. I am heartbroken for my niece and nephew as they go through an incredibly difficult time. Their mother has been detained for nearly two months despite having no criminal record, and their father is currently recovering from a recent stroke and heart surgery. I cannot imagine what it is like for them to be without their mother, who has always been their main caregiver. The children are facing so much uncertainty right now, and our family is doing everything we can to support and care for them. Our focus is on making sure they feel safe, loved, and surrounded by family during this challenging time. We just want to get Maria home to her children.”
More information about the filing is online at:
https://innovationlawlab.org/case/loya-medina-v-hernandez
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