Updated on: February 12, 2026 / 9:54 PM PST / CBS LA
An immigration judge dismissed the [deportation case](https://www.cbsnews.com/losangeles/video/father-of-3-u-s-marines-speaks-out-after-ice-arrest-in-santa-ana/) against the undocumented father of three U.S. Marines who was arrested by federal agents while landscaping outside an Orange County restaurant last year.
Immigration agents arrested 48-year-old Narciso Barranco outside of an IHOP in Santa Ana in June 2025. Witnesses recorded Barranco screaming in pain as four federal agents piled on top and punched him during the arrest.
"Mr. Barranco has had zero criminal history," said Lisa Ramirez, the family's attorney. "He's been a tax-paying resident of this country, raising three incredible young men."
Department of Homeland Security officials defended the agents' actions, adding that Barranco is "an illegal alien who tried to evade law enforcement." They said a video from the incident shows Barranco swinging a weed whacker at an agent's face and refusing to comply with commands.
Assistant Secretary of Homeland Security Tricia McLaughlin said her agents "took appropriate action and followed their training to use the minimum amount of force necessary."
He was held in custody for three weeks before he was fitted with [an ankle monitor and released on bond.](https://www.cbsnews.com/losangeles/news/father-of-us-marines-released-ice/)
Ramirez said the family has been waiting for the judge's decision for almost eight months.
"They were very happy," Ramirez said. "Relieved, I would say, is probably the best word."
Barranco's family said he arrived in the United States in the 1990s and was in the process of applying for parole in place, which is a program that allows the immediate relatives of military members to apply for legal status.
Assistant Secretary of Homeland Security Tricia McLaughlin wrote in a statement that her staff will appeal the ruling.
"We will appeal this lawless ruling," McLaughlin wrote in a statement. "This activist judge's ruling does not change the fact that Narciso Barranco is an illegal alien."
They hope his application for parole in place will be approved before the federal government appeals the ruling.
"Anything is possible, right?" Ramirez said. "We have many members of Congress, both in the Senate and the House that are very interested in this case, and we are requesting expedited processing."
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