NORTH CAROLINA (WBTV) - A North Carolina mother and son who are facing deportation have filed a petition against the Immigration and Customs Enforcement (ICE) to stay in the country because they fear for their lives.
According to court documents, a woman and her son who are facing deportation filed an emergency petition for writs of habeas corpus. Court documents state that the woman and her son fled from persecution in Honduras and currently reside in the Western District of North Carolina.
The woman claims her sister was killed by an MS-13 gang member in Honduras who allegedly mistook the victim as the woman, court documents state.
The petition states that the woman has family members who are associated with the MS-13 gang. Court documents state that gang members allegedly wanted custody of her son after his father was murdered. The woman claims that things became more serious in 2013 when family members reportedly began threatening her life in attempt to force her to give up custody of her son, according to court documents.
Her son was then allegedly kidnapped by a MS-13 gang member and was beaten, the petition states. The boy was forced to go into homes and collect envelopes, which he claims contained "extortion payments or drug money."
Court documents state the family members were "grooming" the woman's son to become a leader of MS-13 in Honduras.
Her and her son were apprehended when they crossed the United States border and were initially detained due to not having "a credible fear" of returning to Honduras, according to the petition.
The petition states that the woman was then interviewed and determined to have "a credible fear of persecution." She then reportedly applied for asylum, withholding of removal and Torture Convention relief for her and her son.
The petition states that the immigration judge determined that woman and her son were "deportable." The pair then petitioned the Fourth Circuit Court of Appeals for review but were denied, according to court documents.
After new information was released, the pair reportedly moved the Board of Immigration Appeals to reopen their immigration proceedings.
The court filing states that the pair must prove that they qualify for stay of removal, which would prevent the Department of Homeland Security from deporting them to Honduras.