Jose Escobar, 31, was arrested on Feb. 22, after his annual check-in at an immigration office.
According to ICE, a judge had issued an order of deportation on Escobar several years ago. But, Escobar's attorney said he was granted deferred action and given a work permit, as long as he reported to an immigration office every year.
"If you want to get criminals, get them out," his wife, Rose Escobar said. "But do you honestly think a criminal is going to go and give you the documents you're requesting?"
The Escobars are now filing a motion to bring Escobar back to the United States.