LIVERMORE — U.S. District Court Judge Trina L. Thompson on Oct. 30 denied a U.S. Department of Justice (DOJ) motion to dismiss the case of deported Livermore resident Miguel Lopez, establishing that the San Francisco court has jurisdiction to hear the matter.Another court date has been set for Jan. 29, with the DOJ having requested a 60-day extension before proceedings are reopened. The date was further pushed back due to uncertainty over how long the current federal government shutdown might last, with resulting staff shortages having created a backlog of cases.The Oct. 30 proceedings followed an Oct. 7 status hearing, during which Thompson declared that she would consider the DOJ’s motion to dismiss the case on the grounds that the court lacked authority to hear it.“We are optimistic, because to be able to defeat the motion to dismiss is a huge boost for us and it means that the case is still alive and has merit,” said Lopez’s lawyer, Saad Ahmad. “Most of the time, cases like this are resolved fairly quickly, meaning that usually district courts do not review these types of cases, but Mr. Lopez’s situation is so incredibly uncommon and rare that we feel that he definitely deserves it.”U.S. Immigration and Customs Enforcement (ICE) agents grabbed Lopez during a routine immigration appointment in San Francisco in May. A welder at Livermore’s Wente Vineyards for more than nine years, Lopez was denied due process, deported to Mexico in June without a hearing.The hearing was originally scheduled to be in-person at the U.S. Northern California Federal District Courthouse in San Francisco, but the evening before, it was converted to a virtual hearing.That didn’t stop roughly 40 people, including the Lopez family, several of his children’s teachers from Granada High School and supporters from the Tri-Valley and beyond, from gathering outside the courthouse to rally in support of Lopez.“We were there as a show of support for this long-time resident of Livermore who has raised his children, worked and lived as a productive member of our community,” said Kristie Wang, a member of Livermore Indivisible. “There will likely be more steps in this journey, and we will continue to advocate for his safe return.”The rally was organized by Indivisible Tri-Valley, a grassroots volunteer group with a mission to defend democracy and defeat the MAGA agenda. Together with its sister chapter, Livermore Indivisible, the organization has been instrumental in rallying the community on behalf of Lopez and garnering legislative backing from leaders such as Congressman Eric Swalwell and State Senator Jerry McNerney.“The rally was to demonstrate our ongoing support for Miguel, his wife, Rosa, and their children,” Indivisible Tri-Valley co-founder Ward Kanowsky said. “At the two No Kings events hosted by Indivisible Tri-Valley in June and October, we have had speakers presenting on behalf of Miguel and his family. In addition, we have been working with the office and staff of Congressman Eric Swalwell to highlight Miguel’s case and maintain awareness so that Miguel is not forgotten.”Swalwell, who traveled to Mexico to meet with Lopez on Sept. 11, has demonstrated consistent support for Lopez’s return, in September introducing a private bill in Congress that concerns Lopez’s legal status in the U.S. Titled “H.R.5294.” The bill is currently pending. It can be viewed at https://www.congress.gov/bill/119th-congress/house-bill/5294/titles.According to Ahmad, private bills are laws that are proposed for only one person and are generally discouraged because, being intended for one person, they are not public law.“This is the first time I’ve seen a private bill introduced in Congress,” Ahmad said. “That doesn’t mean that it hasn’t happened before. I’m sure that in the past it happened more often than now, and so I have no idea how long it will take.”With the government shutdown and the delayed court date, the Lopez family, including Rosa, is trying to remain patient and hopeful. With the holidays fast approaching, however, the family is increasingly having to reckon with spending this time of year without Lopez.“We have talked about the holidays, and I said that since Miguel isn’t going to be here, it’s not the same because we have been hosting Thanksgiving at our house for the past three years with friends,” Rosa Lopez said. “Every year, we have planned to have Thanksgiving at our house, but now, I’ve had to tell my kids that I don’t want to plan Thanksgiving without their dad, and then for Christmas, it’s probably going to be harder.”Rosa added that her youngest son, Julian, will turn 18 this month and she had hoped that Miguel would be home so that they could celebrate together.“All of my kids have celebrated their birthdays without their father this year,” Rosa said. “We’re just trying to get through every day and stay strong for Miguel because he says that if he sees us sad, it’s hard for him.Friends of the family and members of the Livermore community are continuing to show their support, not only by consistently attending rallies to keep the case alive, but also by looking for ways to provide comfort to the family.Laura Bertoli-Brown and Betsy Wilson, Granada teachers who have taught two of Lopez’s sons, attended the Oct. 30 rally outside the courthouse. Bertoli-Brown led the organization of a June rally, and both she and Wilson have worked closely with Livermore Indivisible and Indivisible Tri-Valley ever since.“It was great to have us all there going to show that we want Miguel home,” Bertoli-Brown said. “Between now and his next court date, I have to talk to Betsy, but we’re going to make sure we do the “Adopt a Family” for them, just so that Christmas is not a worry. I think it’s important for people to realize that he’s still not home, and we’re still here pushing for his case to move forward. Also, as the holidays approach, I think it’s important for the family to know that we care and are standing by them.”