It is 11 a.m. and Luis Nava just rolled out of bed. He's ready to enjoy the better things in life, such as his mom's Mexican food, Arrested Development reruns and watching his 1-year-old sister grow up.
The recent ASU graduate has not been this confident and relaxed since before his battle to avoid deportation to began in the summer of 2002, when Nava was detained at the U.S. - Canadian border during a school trip to New York.
That's when immigration officers stopped Nava and his classmates, discovered four of them were illegal immigrants and started the deportation process.
The federal government's case against Nava was thrown out July 21, when U.S. Immigration Judge John Richardson said border officials used racial profiling to detain the students.
After his triumph in court, Nava, 21, said he feels more secure about the future, but soon he will find out whether the federal government will appeal the case to a higher court.
"In a higher court, we can set a precedent for similar cases," he said.
If an appeal is filed, Nava will face a hearing in about 18 months, meaning he could be deported if he can't find a job and apply for a visa before then.
Nava's status is undetermined pending the appeal.
The nightmare started in June 2002 when Nava and other Wilson Charter High School students went to New York to take part in an international science competition.
While at the visitor's center on the American side of the U.S. - Canadian border, Nava said he was approached by border officials.
According to testimony, the officials made offensive racial remarks during the nine-hour long questioning that followed.
Just prior to entering the courtroom, Nava got the message that his petition for deferred action, a move that would allow him an extended stay in the U.S., had been denied.
"After that, my heart fell because I was like, 'Dude, I'm gone,' " he said.
Nava prepared himself for voluntary departure when he was surprised by last month's reprieve.
Nava was 2 years old when his mother brought him over the border from Mexico.
"I always knew I wasn't born in the U.S," he said. "I just wasn't sure of my status."
Nava thought his best bet to stay in the country was to get an education.
America was all he ever knew and the thought of having to leave sparked him to finish a business degree in three years and graduate with a 3.65 GPA.
Nava plans to get degrees in political science and finance and an MBA. But first he wants to resolve his residency issue.
If the proposed Development, Relief and Education for Alien Minors Act -- known as the DREAM Act -- passes, it will change many immigrants' futures, Nava said.
The bill would allow high school graduates to become permanent residents if they came to the U.S. before the age of 16, have stayed in the country for at least five years and have completed two years of military service or college.
Nava said the bill has been close to passing several times, but its premises are constantly shifting and it has been tucked away within other larger immigration bills. This makes it a hard sell, he said.
"Right now our focus is to try to convince these congressmen that the DREAM Act is worthy of being a separate bill," said Nava, who is anticipating another introduction of the bill once Congress is back in session.
To further the progress of the DREAM Act, Nava plans to attend a rally in Texas in a few weeks and another at ASU on Thursday. While his agenda is to help others, he is also excited about how the DREAM Act could make his own dreams come true.
"It would be the easiest way to get my residency because it will give me immediate residency the day it passes," he said.
Reach the reporter at Monica.Skrautvol@asu.edu.
ONLINE EDITOR'S NOTE: This story was modified Aug. 26, 2005 after it incorrectly reported that the DREAM Act rally at ASU would be held in September. The rally was held Aug. 25.
