ALBANY — An immigration judge has ordered deportation for Fabian Ruiz on the grounds that his brief trip home to Mexico in 1998 makes him ineligible to apply to stay in the country, according to his family and their lawyer.

The family, who live in Albany, plan to appeal, said Amy Ruiz, his wife. Judge Michael Bennett continued the Ruiz case twice before making his ruling in Portland on Tuesday. If no appeal is filed, Bennett said Fabian must leave the country by Dec. 10, according to the family.

Once the appeal is filed, Ruiz will be allowed to stay in the country until it is heard. If that appeal is denied, the family may then appeal to federal court.

Ruiz, 30, entered the United States illegally 11 years ago. His wife is a U.S. citizen. Together, they have three children, ages 5, 3 and 22 months. Each also has a 10-year-old from a previous relationship.

Undocumented immigrants are allowed to remain permanently under certain circumstances: They must have been in the United States for at least 10 consecutive years, have no criminal record, and be able to show that deportation would cause their family “extreme hardship.”

Ruiz has never been arrested and has been in the country 11 years, except for a brief trip home in 1998 to be with his grandfather, who was ill. Amy Ruiz said the family came prepared to testify about the hardship circumstances. She said Bennett did not allow the testimony, saying Fabian’s trip to Mexico breaks the 10-year rule.

Fabian was caught on his return and was turned back by the border guards. He waited until dark and came across, this time without being seen.

Raquel Hecht, Fabian’s attorney, argued that the Board of Immigration Appeals recently allowed a woman with a similar situation to stay in the country. Bennett said the cases differ because that woman voluntarily presented herself to border guards, while Fabian was apprehended.

Another case similar to Fabian’s is pending in the Ninth Circuit Court of Appeals. Hecht said the family is hoping a favorable decision will be released before its appeal is heard. Amy Ruiz said the issue is the 10-year rule, which doesn’t allow for any extenuating circumstances. She said she plans to fight to get that law changed.

We really appreciate everyone who is praying for us, out there thinking about us,” she said. “It hasn’t been in vain. We’ve lost, but we’re still fighting.”