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READING — A Berks County grandfather was released from an ICE
facility on Friday after a federal judge ruled he had been wrongly
detained while seeking protection under a humanitarian visa
program.

In the opinion, Judge Stephanie Haines of the Western District
of Pennsylvania called Erasmo Zavala’s detention at Moshannon
Valley Processing Center “unlawful.”

Zavala was arrested by ICE on his way to work in April, even
though he had applied for a U visa, a special federal immigration
protection for undocumented victims and witnesses who cooperate
with law enforcement. The program offers a pathway to lawful
permanent residency to eligible applicants.

However, the Trump administration in January
2025 rescinded a “victim-centered” approach that discouraged
ICE agents from detaining immigrants with pending U and T visa
applications.

Zavala applied after helping Berks County law enforcement
investigate the murder of his daughter, Selena, in a domestic
violence murder-suicide in Reading. During the same attack,
Selena’s two-month-old daughter was shot and critically wounded.
After months of surgeries and rehabilitation, the child survived,
and Zavala and his wife became her legal guardians and primary
caregivers.

“This is a tremendous victory for Erasmo, for baby Selene, and
for every survivor who wonders whether coming forward and
cooperating with law enforcement will actually be met with
protection,” said Bridget Cambria, an immigration attorney at the
firm Aldea PJC who is representing Zavala.

Haines on Friday granted Zavala’s request for a preliminary
injunction, noting that he was able to show a “likelihood of
success” on the merits of claims and that he will “continue to
suffer irreparable harm” if he is not released. Haines also wrote
that “public interest favors” relief for Zavala because Congress
intended U visa protections to encourage victims and witnesses of
violent crimes to come forward and assist law enforcement.

“This Court finds the public interest in this effort is
weightier than the deportation of an illegal immigrant who [has]
committed no violent crime but has assisted in the investigation of
violent ones,” Haines wrote.

Earlier this month, U.S. Citizenship and Immigration Services
found Zavala’s U visa petition to be “bona fide,” meaning it meets
core eligibility requirements and has enough evidence to merit
temporary protection while the agency continues to review his case.
That makes him eligible for temporary deportation protection and a
work authorization.

A central issue in Zavala’s case was whether he had an
enforceable deportation order from 2010. The court sided with
Zavala’s defense and agreed that the removal order ICE was using to
justify his detention was not valid.

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