‘It could take months’: Attorneys for woman arrested by ICE in airport speak on legal complexities

SALT LAKE CITY (ABC4) — The lawyers for the woman who was arrested by Immigration and Customs Enforcement (ICE) at the SLC airport are speaking about her status and the complexity of her case.

Last week, Marta Brizeyda Renderos Leiva was detained and arrested by ICE while in the SLC airport. Several public videos showing the arrest prompted significant comment from the public and SLC officials on how the arrest happened.

On October 31, 2025, Leiva’s attorney, Adam Crayk, stated that she has legal work papers that are valid until 2029. According to ICE, Leiva has been in the country since 2007 and had received an order of removal in absentia in 2020.

This week, ABC4 spoke with Crayk and fellow attorney Andy Armstrong to get more information.

Legal issues

According to Crayk, Leiva and her ex-husband had filed an asylum claim. In 2019, they hired a notary who helped prepare their application, and that notary reportedly wrote down an address that Leiva and her ex never lived at.

Leiva and her husband were asked to come in for an interview on their application at the United States Citizenship and Immigration Services. However, they never received this notice, likely because it was delivered to the incorrect address.

Then, a notice to appear in court for their immigration address was reportedly issued to Leiva and her ex-husband, but that was also likely delivered to the wrong address.

Leiva never appeared in court, and an order for removal, or deportation order, was issued in absentia.

Crayk also notes that the notice to appear states that it is presumed that Leiva and her ex-husband’s preferred language was Spanish, based on available information and belief. He says this “means they never had a conversation, because obviously if they had a conversation, you’re going to know what their best language is.”

Leiva is adamant that she never spoke with ICE officers.

“What even becomes more problematic, the U.S. Citizenship and Immigration Services, instead of terminating her asylum or closing it outright because they no longer have jurisdiction, because they referred it to immigration court, they administratively close her case,” Crayk says.

This means that, while her asylum application is closed, Leiva could continue to renew her legal work permit and did not know about the order for removal.

She also reportedly regularly updated her home address.

“This order has been outstanding since February 19, 2020, and she has been renewing her work permit since that time and has no idea that a court hearing ever took place,” Crayk said, adding that immigration law requires that individuals be informed of a removal order in absentia issued to them.

Future proceedings

Crayk and Armstrong have filed a motion to reopen Leiva’s removal case, “seeking to invalidate the removal order in absentia.” This automatically stays deportation proceedings until it’s reviewed.

While proceedings are temporarily stayed, Leiva is reportedly remaining in ICE detention, due to a September 2025 order that requires that individuals who entered the United States without inspection are subject to detention without bond or bail.

“Under the previous law, Leiva was pretty much eligible for a pretty low bond amount, because she has four U.S. citizen kids, and her oldest son suffers hydrocephalus. He has already had two brain surgeries and another pending,” Crayk noted.

However, as the new order stands, Leiva cannot post bail or a bond.

Armstrong noted that the ICE officers were acting under the knowledge that there was a valid order for removal against Leiva, but said, “We wish that wouldn’t happen in the airport, in a public place, because that doesn’t seem like the best place to do it.”

“Our point being that that order should be revisited, because she wasn’t provided notice,” Armstrong said, “And then we’ll go through a regular deportation proceeding with her and the issues we have with her children that have special needs.

“For her, it was very scary and continues to be a very scary situation, because in her mind, she’s done nothing wrong. But she’s been treated like a criminal,” Armstrong said, with Crayk noting that Leiva’s ‘criminal’ history extends to two parking tickets and one parking violation.

Crayk and Armstrong emphasized that this case is a particularly complex case, and Leiva could remain in detention for months.