READING — A Berks County grandfather who helped law enforcement investigate the killing of his daughter is still in ICE detention. But a new finding by a federal immigration agency that he should be at least temporarily protected from deportation strengthens the case for his release, his attorneys say.
U.S. Citizenship and Immigration Services recently found Erasmo Zavala’s U visa application is “bona fide,” meaning it meets core eligibility requirements and has enough evidence to merit temporary protection while the agency continues to review his case.
U visas are a form of immigration relief created by Congress for victims and witnesses of crimes who help police investigate and prosecute serious crimes. 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However, the Trump administration in January 2025 rescinded a “victim-centered” approach that discouraged ICE agents from detaining immigrants with pending U and T visa applications.
In a notice dated May 15, USCIS informed Zavala and his legal team that “the evidence demonstrates your petition for U nonimmigrant status is bona fide” and that he warranted a “favorable exercise of discretion” for deferred action and employment authorization.
Attorneys from law firm Aldea PJC representing Zavala say the bona fide determination is a “huge victory for him and his family,” and that his “continuing detention is now even more unlawful.”
“Despite his grant of deferred action, Erasmo spent his 51st birthday in Moshannon Valley Processing Center last week away from his wife, surviving daughter and surviving granddaughter," Aldea said in an emailed announcement.
Bridget Cambria, lead attorney in Zavala’s case, said she has submitted a request to ICE for an official stay of removal and for Zavala’s release from custody, urging the agency to honor the deportation protections granted to him by USCIS. ICE had not responded to that request as of Friday afternoon.
Judge Stephanie Haines from the Western District of Pennsylvania is expected to issue a ruling on Zavala’s case sometime before June 1. She will consider Zavala’s newly approved bona fide status, but ICE could release Zavala at any time without waiting for the judge’s decision, Cambria said.
“The determination of whether to stay removal for someone who has deferred action, has employment authorization, and is a cooperating victim, it's a no-brainer,” Cambria said, adding that Zavala has no criminal history. “They should do it, and it shouldn't take so long. They make decisions every day to release people from custody.”
Zavala and his wife applied for U visas after their daughter, Selena, was murdered by her abuser, who also shot and nearly killed their two-month-old granddaughter. (Spotlight PA is not naming Zavala’s wife because her application is still pending).
The Berks County District Attorney's Office certified the couple’s U visa applications. USCIS received Zavala’s application in January 2026, according to court filings.
Despite following the correct process and disclosing prior immigration violations, as required by U visa application rules, Zavala was detained by ICE in mid-April.
According to court filings and other records, ICE identified Zavala for enforcement after USCIS flagged him as an applicant with a prior immigration order following his biometrics appointment. Zavala’s attorneys argue ICE wrongly treated him as immediately deportable and failed to consider his pending humanitarian application.
Zavala’s wife told Spotlight PA that her husband's bona fide determination is “good news” after all that her family has been through. She’s waiting for information about when he could be released from ICE custody.
In the meantime, she is trying to be prepared if the couple has to leave the country. She is currently in the process of correcting a name error on her granddaughter's birth certificate, so she can secure a passport for the child, who is a U.S. citizen.
“The fear is that Erasmo and I get deported and the child would have to stay here,” she said in an interview conducted in Spanish. “Who would the girl stay with?”