Justice Department Confirms Deportation to Peru Despite Federal Court Stay

FALLS CHURCH, Va., September 30, 2026 - The U.S. Department of Justice has confirmed that Miguel Angel Jechuna-Quilka, represented by Brousseau & Lee, PLLC, was deported to Peru despite a federal court order staying his removal. The firm filed a reply on September 24, and its motion to enforce remains pending as of September 29, according to counsel.

In its September 23 response, the Government reported that the stay had been emailed to Department of Homeland Security counsel on September 16 and recorded in the agency's detainee-tracking system. The same filing confirmed his removal by plane on September 21, five days later.

The Fourth Circuit's September 16 order stated: "Petitioner's removal is stayed through 09/30/2026." The temporary administrative stay allowed time for responses and consideration of further protection. The order also required the Government to report the scheduled removal date and time, or state that removal was unscheduled, and provide updates about scheduling changes.

The Government characterized the removal as "inadvertent" and said its investigation was incomplete when it filed its response. It asked the Court to deny the underlying stay request and then reject the requested return as moot. It also opposed the requested accounting and implementation deadlines.

In the same filing, Government counsel acknowledged that the September 21 opposition had omitted the court-required removal-status information and characterized that omission also as "inadvertent."

Brousseau & Lee's September 23 enforcement motion seeks Government-facilitated return, a sworn removal-and-notification chronology, preservation of relevant records, and an implementation timetable. The requested accounting would identify how removal proceeded despite the recorded stay and why the required court update was omitted.

In his declaration filed with the motion, attorney James D. Brousseau said Jechuna-Quilka told him he had alerted immigration officers to the stay. According to that account, officers said his case or appeal had been dismissed and gave him an immigration-court case-status printout.

The underlying petition seeks review of the denial of asylum and related protection. The enforcement motion concerns compliance with the Court's temporary order. The case is Jechuna-Quilka v. Blanche, No. 25-2502 (4th Cir.). Supporting court filings and counsel's declaration are available to journalists upon request.

About Brousseau & Lee
Brousseau & Lee, PLLC is an immigration law firm based in Falls Church, Virginia. Its work includes removal defense and federal appellate litigation.