An El Monte woman who was arrested by immigration officers is back home with her adult daughter who is battling a rare bone cancer.
A judge agreed to allow Yolanda Perez to be released on bond. Perez, 50, is the primary caregiver for her ailing daughter. The Mexican national, who is in the country illegally, was released Tuesday after posting a $1,500 bond following an immigration hearing in San Diego, according to the woman’s attorney, David Acalin.
Acalin said Perez was arrested Feb. 24 when Immigration and Customs Enforcement agents showed up at her El Monte home to arrest her son, Jonathan Tejeda, who is also in the country illegally and had been convicted of nonviolent crimes, including petty theft, possession of a controlled substance and stolen mail.
“He had a colorful past,” Acalin said, “but he’s cleaned up his life in the past few years.”
Acalin said Perez was detained when she questioned agents about why they were arresting her son. He said they inquired about her immigration status, which led to their discovery that she had been convicted of petty theft in 2005.
The attorney said Perez had stolen food to feed her family and that she paid a fine and completed probation for it and never went to jail.
Her arrest by ICE agents, which was first reported by NBC 4, sparked outrage in the community because she had been caring for her daughter.
Acalin said the daughter, 21-year-old Xitlali Tejeda, has been fighting conventional osteosarcoma, a bone cancer that limits her ability to move. He said she uses a wheelchair but, more importantly, relies on her mother to care for her and take her to doctor appointments.
“She’s already missed a chemo treatment or two because of what’s happened,” he said.
At Tuesday’s hearing, Acalin told the judge about the daughter’s condition and how her mother, who had been in the country for more than 20 years, was caring for her 24/7.
He said he expected the Department of Homeland Security prosecutor to let the judge decide whether Perez could post bond. Instead, he said, the prosecutor spent about 20 minutes arguing against her release.
“Very vigorously claiming that my client was a flight risk, the caretaker of an adult daughter with cancer, and that she was a person of bad moral character because of the shoplifting that happened 20 years ago.”
Acalin said he was speechless.
“If this was not the case where they would show a little compassion, then there is no case where they’re going to show” that, he said.
Acalin said he and the family were grateful that the federal judge granted her release. He said he’s requesting that the case be moved to Los Angeles, a process that could take weeks.
Until then, he said, Perez will remain by her daughter’s side.
This story originally appeared on LA Times
