San Diego, CA — Victor Avila’s wife cleared customs at San Francisco International Airport without incident on May 7. Her husband didn’t make it through.
Federal agents pulled the 66-year-old aside during the immigration checkpoint and took him into custody. The couple had just returned from Japan, where they’d visited their son, a U.S. Air Force servicemember stationed overseas.
Victor has held a green card since 1967. Fifty-eight years of legal residence ended at an airport checkpoint. More than five months later, he remains in detention awaiting a trial that could end in deportation.
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Weeks Sleeping on Chairs
Customs and Border Protection officers flagged Victor during standard screening. His wife, a U.S. citizen, processed through and entered the country. Victor was held for questioning.
Immigration and Customs Enforcement detained him at the airport. According to his daughter Carina Mejia, agents kept him in a room at the airport ICE office for weeks. “Sleeping on chairs,” she told ABC 10 News San Diego.
ICE later transferred him to the Mesa Verde detention facility near Bakersfield, roughly 230 miles from his home in the San Diego area. Federal officials initiated formal removal proceedings shortly after the arrest.
A 2009 Conviction Resurfaces
The arrest goes back to 2009.
That year, Victor was convicted of two misdemeanors: driving under the influence and drug possession. He served several months in jail and paid all required fines. Immigration authorities renewed his green card twice after that conviction. Each renewal involves a criminal history review. Both times, officials approved his continued legal status.
“Two misdemeanors. Served all his time, paid all he had to pay,” Mejia said. “Since then, he has been a good man and a hard worker. Hasn’t gotten into trouble, not one time.”
A U.S. Customs and Border Protection spokesperson offered a different account. In a June 25 statement to Newsweek, CBP claimed “six separate arrests” for driving under the influence, drug possession, and petty theft.
“Possessing a green card is a privilege, not a right,” the spokesperson stated. “Under our nation’s laws, our government has the authority to revoke a green card if our laws are broken and abused.”
The spokesperson added that lawful permanent residents entering through U.S. ports with criminal convictions “may be subject to mandatory detention.”
The discrepancy between the family’s account and the government’s statement remains unresolved.
The Life Built Over 58 Years
Victor immigrated from Mexico as a teenager in 1967 with his family. He settled in the San Diego area, where he’s lived continuously since. His entire immediate family holds U.S. citizenship.
His wife depends on him financially. Their four children and six grandchildren are all American citizens, including the Air Force servicemember he traveled to see.
Victor worked in construction for more than two decades before transitioning to legal work. For the past 15 years, he’s been a legal assistant at Kiwan & Chambers APC, a workers’ compensation firm in San Diego that represents injured workers. Coworkers describe him as dedicated and compassionate.
After 40 years of continuous employment, he qualifies for Social Security and Medicare. Immigration attorneys refer to factors like family ties, employment history, and community connections as positive considerations in removal cases.
Despite these connections, Victor was detained at the airport.
Why Returning Home Became an Arrest Risk
Lawful permanent residents face unique vulnerability when returning from abroad. At ports of entry, immigration law treats them as “applicants for admission” rather than residents already living in the country. This legal status activates different enforcement standards.
Past criminal convictions that may not have triggered action while someone lived within U.S. borders can become grounds for detention when that person seeks to re-enter.
Drug possession convictions carry particular weight under immigration law. The Immigration and Nationality Act makes noncitizens deportable for violations of controlled substance laws, with a narrow exception for single offenses involving 30 grams or less of marijuana. Even misdemeanor drug convictions resolved years earlier can serve as grounds for removal proceedings.
Victor’s detention follows a pattern seen in other recent enforcement actions. Maryia Vviadzenskaya was detained at San Juan airport in April while returning from Puerto Rico. Like Victor, she was separated from family during routine travel and held despite having legal immigration processes underway.
Legal Defense Costs Mount
Kiwan & Chambers APC, Victor’s employer of 15 years, launched a GoFundMe campaign to cover his legal fees. The firm organized the fundraiser and encouraged coworkers to write letters to ICE. The campaign has raised over $27,250 from 203 donors.
The fundraising page notes that Victor “is very well-liked by his coworkers and clients, who he is constantly trying to support with help and compassion.”
His daughter has made multiple trips to the Bakersfield facility, watching her father cycle between optimism and despair during visits. “There are days he’s hopeful, optimistic. Then there’s days he mentally prepares himself for the worst,” Mejia said.
She argues the detention serves no purpose given his clean record since 2009. “He’s a productive member of society. It was a nonviolent offense. He’s paid his dues. Detaining him is very unjust.”
“I want my dad back. I want my dad home.”
First Day of Trial on October 15
Immigration court proceedings move slowly. An initial hearing took place on July 15 at the detention facility. On August 1, a judge scheduled the merits trial for October 15, 2025.
Victor’s legal team filed an extensive opposition brief to the government’s removal petition. According to updates posted to the fundraising page, attorneys assembled documents, certificates, and witness statements. Multiple witnesses prepared to testify about his character and community involvement. The defense strategy centers on demonstrating his ties to the United States and contributions to his community.
The legal team emphasized his decades of legal residency, his all-citizen family, his son’s military service, and his long employment history.
Victor has been detained for over five months. Fundraiser organizers report that despite difficult conditions at the facility, including overcrowding and limited food and medical care, he remains “upbeat” and has been helping other detainees with translation services.
His situation reflects broader shifts in immigration enforcement policy.
Targeting Permanent Residents With Old Convictions
Immigration attorneys report increased enforcement actions targeting permanent residents with old criminal convictions. This represents a policy shift from previous approaches that prioritized removal of individuals with serious, recent felonies.
The Trump administration has stated its commitment to the largest mass deportation operation in U.S. history. More than 100,000 people were deported in the first months of 2025. Immigrants with valid documentation, including green cards and visas, have faced detention and legal proceedings during this period of heightened enforcement.
Trial Begins But Remains Incomplete
Victor’s trial began on October 15, 2025.
The immigration judge heard testimony but the proceedings could not be completed in one day. Not all witnesses finished testifying. The judge continued the trial to December 8, 2025.
Victor will remain in detention until at least that date.
The judge must weigh the government’s grounds for removal against Victor’s documented ties to the United States: his U.S. citizen family, his son’s military service, four decades of employment, and his clean record for 16 years since the conviction.
According to an October 18 update from his legal team, the lengthy detention has taken a physical and emotional toll on Victor. He remains grateful for public support. Attorney fees and costs continue to mount for the family.
Victor remains at the Mesa Verde detention facility, 230 miles from his San Diego home. His children wait for news. The family that traveled to Japan together to celebrate their son’s Air Force service now waits to learn if that trip will cost them their father and husband.
Editor’s Note: This article was updated October 18, 2025 following the first day of trial. The proceedings have been continued to December 8, 2025. This article will be updated again after the trial concludes.
This article draws from reports by Newsweek, ABC 10 News San Diego, The Independent, and a GoFundMe campaign organized by Kiwan & Chambers APC. Additional information sourced from U.S. Citizenship and Immigration Services at uscis.gov and analysis from the American Immigration Council.
