The owner of Eddie's Steak Shed in Granger was deported late Tuesday night.
He had applications in and had used every possible avenue to be able to stay in the country.
When the deportation criteria was recently expanded, Beristain was dinged for a violation back in 2000 when he crossed into Canada by accident.
Two weeks ago, Beristain was detained by immigration officials in Indianapolis.
According to family attorney Adam M. Ansari, Beristain was moved between detention facilities in Indiana, Wisconsin, Illinois, Louisiana, New Mexico, and Texas. At around 10 p.m. Tuesday, he was dropped off at the U.S./Mexico border.
From U.S. Immigration and Customs Enforcement (ICE):
On April 4, 2017, officers with U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) removed Roberto Beristain Cegueda to Mexico via Ciudad Juarez, Mexico. ERO officers turned him over to Mexican authorities at the Paso Del Norte Port of Entry in El Paso, Texas.
On Feb 6, ICE officers in Indianapolis, Indiana, arrested Roberto Beristain-Cegueda, a 43-year-old Mexican national, based on his final order of removal. On Oct. 5, 2000, a federal immigration judge granted him “voluntary departure” for a period of 60 days. When he failed to depart the United States by that time as required, his voluntary departure order reverted to a final order of removal.
From family attorney Adam M. Ansari:
The Beristain Family is distraught this morning as the U.S. government conducted a middle-of-the-night deportation of Roberto Beristain, an Indiana father and businessman whose detention by U.S. Immigration and Customs Enforcement in February during a check-in appointment attracted broad attention by the Washington Post, Wall Street Journal, South Bend Tribune, and other national news media.
Roberto had been held at detention facilities in Indiana, Wisconsin, Illinois, Louisiana, New Mexico, and Texas. He argued that his removal order was legally improper, and had asked an immigration judge to rescind the removal order, and to stay removal. He had also filed a habeas corpus petition, likewise seeking to redress the wrongs resulting from a void order. Before either judge had chance to rule, in a highly unusual move, ICE agents rushed him 90 miles from the detention facility to the U.S.-Mexico border at Juarez, Mexico, as the sole detainee being moved. None of his attorneys were notified, as required, of his removal and they only learned about it based on a late night, frantic call from Roberto’s wife, who indicated Roberto was in Juarez already.
“They suddenly told me it was time to go,” Roberto said. “They told me to get my stuff, they put me in the back of a van, and sped toward the border. They took me to another facility while in transport to sign paperwork. I asked to speak with my attorney, but was told there wasn’t time for that. At around 10:00 pm, I was dropped off at the Mexico-U.S. Border and walked into Mexico.”
“What is most distressing here is that Roberto had potential avenues for relief pending before the Immigration Court,” said Adam M. Ansari, managing partner, Ansari & Shapiro LLC, who has been advocating on behalf of the family since Roberto was detained on February 6, 2017.
“This was an attempt to short-circuit the justice process by intentionally removing him before a judge could stop his removal. We were in communication with the government regarding those motions – what they failed to mention was that they were in the process of throwing him out of the country.”
Jessica K. Miles of Noble & Vrapi, Roberto's counsel in New Mexico and Texas remarked, “the manner and speed with which Roberto was moved from New Mexico to Texas and then deported to Mexico despite several pending motions, coupled with misleading statements from ICE leadership about when he would be removed show a blatant disregard for his procedural rights.”
Chuck Roth, director of litigation of the National Immigrant Justice Center said, “the Trump administration treats noncitizens like Roberto like lawbreakers, even when they do everything in their power to obey the law, but the law was broken in this case by the immigration authorities. ICE’s actions have torn a father from his three U.S. citizen children, a husband from his citizen spouse, and a business owner from his American employees. And all based on a removal order which wasn’t proper in the first place. I’m not sure which is more shocking, the disregard for the harm done wantonly to families and communities, or the lengths to which the government is now willing to go to deport as many people as possible without regard to a person’s right to a fair hearing.”
“The conduct of ICE in perpetuating a continuing due process violation at all costs, is a threat to core American values and should not be overlooked or brushed aside causally,” said Rekha Sharma-Crawford, of Sharma-Crawford, who drafted the Emergency Motion to Rescind that is pending in Batavia, New York.
Attorneys for Beristain, which include multiple law firms and organizations across the country, have stated they will continue to fight on behalf of Roberto, and will pursue all available legal and political remedies to bring Roberto back and correct the mistake immigration officials created nearly two decades ago.
Mayor Buttigieg weighs in on Beristain deportation 'This is a human moment'
(From an interview before the deportation was announced)
"I've never even had a chance to meet him," Buttigieg said. "But, I've gotten to know his family and I've gotten to know his friends."
Buttigieg says it's time to take a step back from the politics and show some human compassion for a family being torn apart.
"We can't let this become an excuse for more political fighting," Buttigieg said. "This is a human moment more than it is a political moment. And I hope that anybody who feels the need to express their political views remembers first that we're talking about a specific family at a business we know in the community we share...The thing I really hope people understand is that this is beyond politics. This is beyond policy. This is just making sure that a family has some shot at staying together... As a human being you've got to have some compassion and you've got to have some empathy. I don't see how anybody can look into the eyes of an 8-year-old boy and tell him that they're completely comfortable with the idea of him being separated from his father."
Beristain's attorney said he would be able to speak with us on Thursday. We hope to have more information on Roberto's situation then. We'll keep you updated as we learn more.