Undocumented mother detained by ICE has hearing, sees daughter who is battling cancer

After 10 days apart, Xitlali Tejeda arrived at the Otay Mesa Detention Center in San Diego on Thursday morning to see her mother, Yolanda Magallón Perez. 

On February 24, Magallón and her son Jonathan Tejeda were handcuffed and taken by ICE officers from their home in El Monte.  Xitlali’s precarious health condition impeded her from doing anything as she is battling bone cancer and can’t walk. The 21 year old is a U.S. citizen and has been without her mother, who is her primary support, along with her brother’s financial support.

Perez’ attorney, David Acalin, said he saw her on Thursday via Zoom when she had her court hearing at 8 a.m. It lasted just a few minutes with the judge scheduling the next hearing for March 20. 

Acalin said Perez will have a hearing on March 11 to determine if she can be released on bond. 

“But that has no effect on the case,” he said. ”All [the] bond does is allow her to go home and fight her case from a non-detention court. She will still be in removal proceedings.”

Acalin said once ICE arrests an undocumented person, they fill out the paperwork and give it to the court. The court puts it in the system but it may take a while before making a decision if they are very busy. 

Advocating from all fronts

Flor Martinez, a DACA recipient and influencer, has been advocating for the release of Perez. She and a group of activists gathered outside the Otay Mesa Detention Center on Thursday to show Xitlali support when the daughter arrived. They carried posters and protested with their megaphones.  Martinez also started a Change.org petition to ask for the release of Perez.

Xitlali spoke to the media outside the center, she was happy to see the level of support but mainly to see her mother after 10 days. However, she is also said she is worried because Perez hasn’t been eating or sleeping due to anxiety. 

“It is not good for her mental health, either,” said Xitlali.

Since she was diagnosed with cancer, Xitlali said that Perez has done everything for her. She feeds her, showers her, changes her and stays with her at all times. 

“She never leaves me alone,” said Xitlali. 

Congressman Gilbert Cisneros (D-31), who represents El Monte, said the arrests are sickening. He said Perez does not have a criminal background and Jonathan had already served a sentence nearly a decade ago. 

“The 31st District is home to many immigrant families who came to our country wanting to contribute to our communities and local economy,” he said. “This El Monte family was simply trying to care for the youngest daughter and work to provide her with the healthcare treatments she needs. Stoking fear, targeting our community members and ripping apart families is not an acceptable solution for our broken immigration system.” 

Cisneros called for a humane comprehensive immigration reform that addresses bad actors, but still upholds American values and helps legalize undocumented immigrants with no criminal record.