New petition filed seeking release of Oregon mom from ICE facility

statesmanjournal.com · By Dianne Lugo

March 9, 2026Updated March 10, 2026, 10:40 a.m. PTLawyers with Innovation Law Lab filed a second habeas corpus petition March 6 seeking the release of an Albany mother of two who has been detained at the Northwest ICE Processing Center in Washington for more than two months.Maria Loya Medina, 44, was detained by federal agents on Jan. 10 in the parking lot of the Big 5 Sporting Goods store on Pacific Boulevard in Albany. According to her declaration, Loya had just purchased socks for her son, who needed them for a soccer game that day.The agents were part of Operation Black Rose, a U.S. Department of Homeland Security operation that has resulted in more than 1,000 arrests across Oregon.The Albany City Council joined prior actions of several other local governments on Jan. 28 by passing a resolution "responding to current federal immigration actions."The resolution quoted the Albany city mission statement and directed the city manager to "affirm the City's continued compliance" with the state's sanctuary state laws; utilize existing communication platforms to connect the community with clear and reputable information regarding the rights afforded to immigrants, community-based legal, and social service resources available to immigrants and their families; and to explore partnerships to pursue grant funding opportunities that may support those impacted by federal immigration enforcement actions.Loya is described in court documents as a cared for and respected part of the Albany community. She has lived in the country since 2005 and has called Albany home for seven years. She is married and the mother of two U.S. citizens: a 14-year-old daughter, identified as V.H., and a 16-year-old son, identified as C.H. Loya is also the primary caregiver for her husband, Serapio Herrera, who suffered a stroke in December 2025.There are no Oregon criminal court records for Loya. It appears her only run-in with the law before her 2026 arrest was when she attempted to enter the country in 1998 near Tijuana. She was briefly arrested by the U.S. Border Patrol and voluntarily returned to Mexico, her lawyers wrote.ICE conducted a "targeted vehicle stop" to arrest Loya, a DHS spokesperson said in an email to the Statesman Journal. The spokesperson described her as "an illegal alien from Mexico" who was previously removed from the U.S."She chose to commit a felony and illegally re-enter the U.S. at an unknown location and date. She will receive full due process," the email said. "Being in detention is a choice. We encourage all illegal aliens to take control of their departure with the CBP Home App. The United States is offering illegal aliens $2,600 and a free flight to self-deport now. We encourage every person here illegally to take advantage of this offer and reserve the chance to come back to the U.S. the right legal way to live the American dream. If not, you will be arrested and deported without a chance to return.”ICE agents surrounded vehicle, smashed car window in Albany arrestIn court records, Loya describes being surrounded by several ICE agents at the sporting goods store."Before I could start the engine, my car was suddenly surrounded by several individuals, some of whom were wearing masks. I quickly understood that they were ICE agents. They started yelling at me," Loya said.Panicked, Loya grabbed her cellphone and FaceTimed her son.She said she was confused as agents repeatedly asked for "Maria Medina." Loya said she only goes by Maria Loya. Loya said she held up a red "Know Your Rights" card at the window and was shown no paperwork or warrant. As she held her driver's license against the window, agents threatened to break her car window, she said. They smashed her rear car window as she unlocked the driver-side door, she added.Loya said an agent, during the drive to Portland, apologized for arresting her but said President Donald Trump had mandated it.Lawyers filed a habeas corpus petition on Loya's behalf on Jan. 14, arguing that her detention was unlawful and that she was entitled to a bond hearing. The petition was granted on Jan. 29.That bond hearing was held on Feb. 4 at the Tacoma Immigration Court. Loya's lawyers submitted a 69-page bond evidence packet to the immigration court including evidence of a fixed address, strong community ties, her employment history, letters from her husband and teenage son, her marriage certificate, her son's transcript with straight-A grades, documentation of her husband's stroke and letters of support from community members, her pastor and her husband's doctors.The bond hearing, Loya and her lawyers said, lasted 15 minutes, was not recorded, and provided insufficient live interpreting for Loya. She was declared a "Flight Risk" and denied bond and conditional release.Elected leaders, advocates and family decry arrestImmigration Judge John C. Odell ordered reporters with Oregon Public Broadcasting to leave a later hearing."It is a travesty of justice that the Immigration Judge refused to permit Maria to return to her children and husband," said Matt Adams, legal director for Northwest Immigrants Rights Project, in a statement. "No matter which way you look at the facts, there is no basis to conclude that Maria presents either a danger to the community or a flight risk. She should be back home with her family."The new petition argues that Loya's right to due process under the Fifth Amendment was violated, and that the Immigration and Nationality Act was violated. Her attorneys are again asking the court to either order her immediate release or to hear her case. “The government has to have a good reason to take away a person’s liberty, and that reason cannot be just to fill detention centers,” said Stephen Manning, executive director of Innovation Law Lab. “Maria belongs home with her family.” U.S Rep. Suzanne Bonamici, D-Oregon, has also advocated for Loya's release.In the press release and in court filings, lawyers said that Maria’s 14-year-old daughter has been diagnosed with depression and often refuses to eat since her mother's arrest. Her son has had to take on the role of parent to his younger sibling and as caregiver to his father while balancing school.“My family is falling apart with each day that passes. As a wife and mother of my children, we miss her so much in the house, and what I want most is to one day see her come home. And to be together again as the family we are," Herrera added.In his own declaration, her son said he has had to help with legal paperwork, translate documents and attend his father's doctor's appointments, try to remind his sister to eat, and miss classes and practices."My children need their mother, and my husband requires my care. I have built a life in the U.S. for 21 years. I have no criminal record and pose no threat to anyone. I am asking this Court to order my release, so that I can return to my family and continue fighting my case from home. If released, I promise to continue complying with my immigration proceedings," Loya wrote.Dianne Lugo covers the Oregon Legislature and equity issues. Reach her at dlugo@statesmanjournal.com on X @DianneLugo or Bluesky @diannelugo.bsky.social.