A federal judge in Utah has issued a temporary restraining order against Immigration and Customs Enforcement, requiring the agency to justify why Lorenzo Chavez Rascon should remain detained after an arrest that involved dried pinto beans mistaken for drugs. The ruling highlights concerns over due process in immigration enforcement. Chavez, who has deferred action status from a bona fide U-visa petition, faces no criminal charges.
Lorenzo Chavez Rascon entered the United States in 2017 as a minor with his family and applied for asylum. During the asylum proceedings, he sought a U-visa, a temporary visa for undocumented individuals cooperating with law enforcement. In early February 2026, U.S. Customs and Immigration Services determined his U-visa petition was bona fide, granting him deferred action status that halts deportation proceedings amid a backlog of such applications.
In late February 2026, authorities in Utah arrested Chavez on suspicion of selling narcotics. The court order notes: "However, the narcotics involved in the suspected sale were later determined to be dried pinto beans." Despite the dismissal of charges by the state, ICE issued a detainer and took custody of Chavez from Salt Lake County Jail.
On March 3, 2026, Chavez's attorneys filed a habeas corpus petition and a motion for a temporary restraining order to prevent deportation and ensure access to legal counsel. U.S. District Judge Robert J. Shelby, appointed by Barack Obama, granted the restraining order, ruling that Chavez's detention likely violates his due process rights under the Fifth Amendment.
The judge emphasized that deferred action status makes removal unforeseeable, stating: "Deferred action may not be rescinded arbitrarily." No removable federal offense has been identified, and the court found irreparable harm in the ongoing detention, including denial of communication with counsel.
Shelby issued a show cause order, directing the Department of Justice to respond by the end of Thursday, with Chavez's reply due Friday evening. A hearing may follow if needed. In the interim, ICE is barred from deporting Chavez and must provide timely access to his lawyer within 24 hours of notifying counsel of his location.
