A Dallas father of two who was hours away from being flown to war-torn Ukraine has won a last-second reprieve, after a California court issued a temporary stay and agreed to reopen his old criminal case. The emergency order, issued shortly before a government charter left for Ukraine, pauses his planned removal and gives his legal team a narrow window to try to restore his permanent resident status while he remains in custody.
The Justice Department had told a court it planned to put Roman Surovtsev on a deportation flight to Ukraine as part of a broader removal operation, and lawyers said dozens of detainees were being moved on the same plane. As reported by The Washington Post, federal filings showed officials were coordinating the removals of roughly 80 people with final orders of removal.
Surovtsev, who was picked up during a routine check-in with Immigration and Customs Enforcement on Aug. 1, learned late Monday that a California court had vacated his carjacking conviction and ordered his deportation temporarily stayed while it considers a motion to reopen the criminal case. According to CNN, the order stated that the convictions were vacated under California Penal Code 1473.7(a)(1).
His attorneys say they persuaded a state court to set aside the carjacking plea on ineffective counsel grounds and filed a motion on Nov. 4 to reopen the old criminal case, steps they argue could restore Surovtsev’s green card if the plea is ultimately withdrawn. That legal theory and timeline were detailed in reporting by GBH, which has closely tracked the case.
Family and community
Surovtsev’s wife, Samantha, and their two young daughters live in a Dallas suburb, and relatives told reporters the children have not seen their father since his August detention and feared he would be sent to Ukraine. According to KPBS, attorneys and family members said several other people scheduled on the flight are married to U.S. citizens or have children in the United States.
What the court order means
The state court’s use of Penal Code 1473.7 is especially significant because the statute allows people who pleaded guilty without fully understanding the immigration fallout to ask a judge to vacate those pleas and withdraw them. As explained by the California Courts, a successful 1473.7 motion can lead to a hearing and potentially withdrawal of the plea, which can remove the very conviction that supports a deportation order.
Next steps and timeline
The stay means Surovtsev will remain in ICE custody while the criminal case is litigated, but his lawyers warn there is no quick path ahead, since reopening and resolving post-conviction relief can take weeks or even months. Local reporting and public radio coverage note that the Ukraine deportation flight did depart with dozens of detainees aboard and that some families have been unable to reach relatives who were sent there, leaving loved ones anxious and in the dark, according to WUSF/NPR.
The case has quickly become a flashpoint in debates over immigration enforcement during wartime, with DHS officials publicly describing Surovtsev as a “criminal illegal alien” even as his lawyers argue that the state court’s post-conviction ruling fundamentally changes his legal posture. “We’re just thankful that plane took off without him,” his wife told reporters after the stay. For now, the family and his attorneys are stuck in a holding pattern while judges decide whether his green card can be restored and his removal order undone. As reported by CNN, Surovtsev will remain in detention while those proceedings play out.
