Defendants have until noon on Jan. 7 to respond.
For nearly 14 months, Avilez has been held at the Yuba County Detention Center while lawyers worked on getting her a bond hearing, according to court documents filed on Friday.
According to the public defender's office, on Christmas 2019, officials at Yuba led Avilez to believe she was being released.
"She was extremely happy," said Deputy Public Defender Hector Vega, who represents Avilez. "She called it a 'Christmas miracle' and called her family to tell them she was going to be released and be home soon."
But Vega said later that night, after she was transferred to the ICE processing facility in Sacramento, officials told her she was, instead, being transferred to the Prairieland Detention Center in Alvarado, Texas, nearly 2,000 miles away from her family and legal counsel.
"I received no notice of the transfer until it happened," said Vega.
Once Vega finally got in touch with ICE officials, they explained that they moved Avilez to the Texas facility because it was better suited to her needs.