An immigration judge in Charlotte, North Carolina, has ordered the deportation of a young man who was killed in 2024, citing his failure to appear in court. Levi Mendez-Maldonado, 19, originally from Honduras, came to the United States as an unaccompanied minor at age 17 and was murdered in a shooting in November 2024.
Judge Issues Deportation Order Despite Death
Judge Amy Lee ordered the removal of Mendez-Maldonado in absentia on 21 May 2025. Becca O’Neill, a lawyer with the Carolina Migrant Network, was preparing to represent him in his asylum case and deportation defense before his death. In December 2024, she received notice of a preliminary hearing scheduled for 21 May 2026. Like all immigrants detained and processed at the border, Mendez-Maldonado was immediately put into deportation proceedings upon arrival.
O’Neill attended the hearing on his behalf and notified Lee of her client’s death, presenting Charlotte-Mecklenburg police department records. According to O’Neill, Lee found the records insufficient proof of death, even though a death certificate was filed in late 2024. The judge and the federal prosecutor continued with the hearing as planned without acknowledging the reason for Mendez-Maldonado’s absence.
Court Order Omits Death
The court order states: “Despite the written notification provided, Respondent failed to appear at the hearing, and no exceptional circumstances were shown for the failure to appear. Therefore, the immigration court conducted the hearing in absentia.” There is no mention of his death in the judge’s order. O’Neill, flabbergasted, did not contest the final order. “This is the banality of evil,” she said. “All of this is so normalized and bizarre. Just a boilerplate order: he didn’t come to court, he didn’t demonstrate good cause. Well, he’s dead. And you know that because you saw a government website saying that he’s dead.”
Stefanía Arteaga, founder and executive director of Carolina Migrant Network, said: “It shows that even after death, you can’t escape deportation.” Advocates say the judge’s decision further strips dignity from immigrant communities terrorized during federal authorities’ recent Operation Charlotte’s Web.
Systemic Issues in Immigration Courts
The Charlotte immigration court handles cases from North and South Carolina. In 2025, it granted legal relief in roughly 1% of cases and has a backlog of about 129,000 pending cases. O’Neill describes Judge Lee as tough, noting that Lee denied nearly 90% of her 550 asylum cases from 2020 to 2025. Earlier this year, Lee ordered one of O’Neill’s clients removed to Ecuador, Guatemala, or Honduras—though the client is Mexican. When O’Neill filed a motion to reconsider, Lee told her to “stop talking” and wouldn’t budge.
Paul Hunker, a former ICE counsel turned immigration lawyer, said the judge could have delayed her decision under federal regulation 239.2, which permits cancellation of a notice to appear for reasons including death. He believes the second Trump administration pressures ICE attorneys to deny relief. O’Neill and Arteaga say they never encountered a deportation order for a deceased immigrant in over 20 years working in North Carolina, though similar cases have occurred elsewhere.
Mendez-Maldonado’s Path
Mendez-Maldonado entered the US alone as a 17-year-old and needed a sponsor to be released and apply for asylum. His older brother sponsored him and acted as his legal guardian for a year. He entered through Texas, where his first attorney helped him apply for asylum in May 2024 after he turned 18. Then he moved to North Carolina, where O’Neill took over his case. At the time of his death, his asylum case was still pending. O’Neill said his goals were to remain in the US and obtain a green card.
The lengthy immigration process is even more challenging for children. “Levi’s rare in that he had legal representation and free representation,” O’Neill said. Most young people do not. She had lost contact with Mendez-Maldonado and called him for months in 2025 to share good news: his work permit had been approved. Finally, a colleague told her he had died in a shooting. The May hearing would have been his first appearance at the Charlotte immigration court. CMPD’s homicide unit confirmed the investigation is still open but provided no further details.
