Pedro Guzman: Difference between revisions
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{{Short description|American illegally deported to Mexico}} |
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| ⚫ | '''Pedro Guzman''' (also known as Peter Guzman) is a [[Citizenship of the United States|U.S. citizen]] who was illegally [[deportation of Americans from the United States|deported]] to [[Mexico]] by the [[U.S. Immigration and Customs Enforcement]] agency (ICE) in May 2007.<ref name=lawave>"Lawsuit filed for man who was illegally deported to Mexico" [http://www.wavenewspapers.com/default.asp?sdetail=7113 LA Wave]</ref> He spent 85 days<ref name=mercnews>"ACLU sues U.S., county agencies for wrongfully deporting citizen" [http://www.mercurynews.com/crime/ci_8390857 Mercury News / AP]</ref> in Mexico before successfully returning to his [[Americans|American]] family in the United States. Guzman's lawyers filed a lawsuit on February 27, 2008, against the [[Los Angeles County Sheriff's Department]] and the ICE,<ref name="Document1"/> and was settled on May 11, 2010, with Guzman receiving $350,000.<ref name="Document171">{{cite web |title=Peter Guzman and Maria Carbajal, v. United States, et al., CV08-01327 GHK (SSx) |url=https://www.courtlistener.com/recap/gov.uscourts.cacd.409690.171.0.pdf |page=3 |work=[[United States District Court for the Central District of California]] (CDCA) |publisher=www.courtlistener.com |date=June 7, 2010 |accessdate=2018-10-20}}</ref> |
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{{Current|date=March 2008}} |
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==History== |
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| ⚫ | Pedro Guzman (also Peter Guzman) is a United States |
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According to court documents, Guzman was born in [[Los Angeles]], [[California]], to Maria Carbajal, a citizen of Mexico and a [[lawful permanent residents (United States)|lawful permanent resident]] of the United States. The two have made a couple of short trips to Mexico but resided most of their life in the Los Angeles area. Guzman was unemployed due to an illness. His mother worked at a [[Jack in the Box]] restaurant.<ref name="Document1">{{cite web |title=Peter Guzman and Maria Carbajal, v. United States, et al., CV08-01327 GHK (SSx) |url=https://www.courtlistener.com/recap/gov.uscourts.cacd.409690.1.0.pdf |publisher=www.courtlistener.com |date=June 7, 2010 |accessdate=2018-10-20}}</ref> |
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Guzman was arrested for [[trespassing]] in a [[Lancaster, CA|Lancaster]] airport, where he attempted to board a private airplane, and was subsequently sentenced to 120 days in a [[Los Angeles County]] jail (later reduced to 40 days). |
Sometime prior to 2008, Guzman was arrested for [[trespassing]] in a [[Lancaster, CA|Lancaster]] airport, where he attempted to board a private airplane, and was subsequently sentenced to 120 days in a [[Los Angeles County]] jail (later reduced to 40 days). During custody, a sheriff's department employee erroneously reported him to the ICE as a non-citizen, despite both departmental records and a statement Guzman made at booking identifying him as a US citizen.<ref name="Document1"/> |
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Once transferred to ICE custody, Guzman signed a document agreeing to a voluntary deportation to Mexico. |
Once transferred to ICE custody, Guzman signed a document agreeing to a voluntary deportation to Mexico. ICE officials claimed that Guzman "repeatedly told ICE officers and Customs and Border Patrol officials and others that he was born in Mexico".<ref name=latimes>"Suit filed over disabled U.S. citizen's deportation ordeal" [http://www.latimes.com/news/printedition/california/la-me-guzman28feb28,1,5936533.story LA Times]</ref> Based on that oral statement, he was [[deportation of Americans from the United States|deported]] to [[Tijuana]], Mexico, and given $3 to survive with. Using a stranger's cell phone, Guzman made a call to his brother's wife in the United States explaining his deportation, but the call was disconnected.<ref name="Document1"/> |
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Guzman then spent nearly |
Guzman then spent nearly three months in Mexico, destitute. He ate out of dumpsters, bathed in rivers, and slept outdoors.<ref name=reuters>"Lawsuit filed over man deported and lost in Mexico" [https://www.reuters.com/article/domesticNews/idUSN2747919120080227 Reuters]</ref> In June 2007, while Guzman was still in Mexico, his family filed a lawsuit to attempt to force the US government to aid in their search for him. The suit was unsuccessful<ref name=aclupedro>"Pedro Guzman Still Missing as Family Seeks His Safe Return" [https://www.aclu.org/immigrants/gen/32485prs20070618.html ACLU]</ref> and Guzman's mother, Maria Carbajal, proceeded to search for him herself. She traveled to Tijuana and spent several days in the area looking for him, cooking for workers in a banana warehouse in exchange for shelter in a back room there.<ref name=latimes /> He tried to cross the [[United States–Mexico border]] several times, but was turned away each time. Guzman was eventually found near the [[Calexico, California]] border crossing in August 2007 and reunited with his American family. |
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Upon his return, |
Upon his return, Guzman (represented by law firm [[Morrison & Foerster]]) filed a separate lawsuit in conjunction with the [[American Civil Liberties Union]] (ACLU) alleging racial discrimination and violations of Guzman's constitutional rights.<ref name=signonsandiego>"Deported citizen suing 2 agencies" [http://www.signonsandiego.com/news/mexico/tijuana/20080302-9999-1m2deport.html Sign On San Diego]</ref> The case was filed in the [[United States District Court for the Central District of California]] (CDCA) and assigned to District Judge [[George H. King (judge)|George H. King]]. An ICE statement claimed that Guzman's case was "one-of-a-kind".<ref name=mercnews /> In a [[United States House of Representatives|House of Representatives]] subcommittee hearing, Deputy Director Gary E. Mead of the Office of Detention and Removal Operations at ICE said that out of roughly 280,000 people deported in 2007, "only one was a US citizen".<ref name=ocregister>"House members grill ICE over Guzman case" [http://www.ocregister.com/news/guzman-mead-testimony-1979966-rosenbloom-removal OC Register]</ref> The ACLU, however, claimed "ICE lacks even rudimentary safeguards against erroneous determinations."<ref name=acludemands>"ACLU Demands ICE End Illegal Deportation of U.S. Citizens" [https://www.aclu.org/immigrants/gen/34108prs20080213.html ACLU]</ref> Mead said the ICE is "reviewing its policies and procedures to determine if even greater safeguards can be put in place to prevent the rare instance where this event occurs" and that the process will be completed by May 13, 2008 (90 days from the February 13 hearing).<ref name=ocregister /> |
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Guzman "received no assistance from ICE agents -- or anyone else -- in attempting to read or understand" the voluntary release document that he signed.<ref name= |
Guzman "received no assistance from ICE agents -- or anyone else -- in attempting to read or understand" the voluntary release document that he signed.<ref name=mercnews /> In the United States, detainees held on immigrations violations do not have a [[Sixth Amendment to the United States Constitution#Assistance of counsel|6th Amendment right to counsel]].<ref name=chron>"Feds admit mistakenly jailing citizens as illegal immigrants" [http://www.chron.com/disp/story.mpl/nation/5540262.html Houston Chronicle]</ref> |
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Guzman has been alleged to be mentally ill<ref name= |
Guzman has been alleged to be mentally ill<ref name=mercnews /> and/or developmentally disabled.<ref name=latimes /> During custody in LA County, he was given prescription anti-[[psychosis|psychotic]] medications for "hearing voices".<ref name=latimes /> He reads and writes at a 2nd-grade level<ref name=ocregister /> and has trouble remembering information, like his personal phone numbers.<ref name=kpbs>"ACLU Files Suit Over Disabled U.S. Citizen's Wrongful Deportation" [http://www.kpbs.org/news/local;id=11016 KPBS]</ref> Carbajal was quoted as saying, in Spanish, "Sometimes [Guzman] disconnects from reality. He was like that before, but he's worse now."<ref name=mercnews /> |
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==Settlement== |
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{{Technical|section|date=July 2019}} |
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On May 11, 2010, U.S. District Judge King issued an order stating the following:{{Quote|The [[United States District Court for the Central District of California|Court]] designates the portion of the Morrison & Foerster Client Trust Account that receives the settlement proceeds in this matter of Three Hundred Fifty Thousand Dollars ($350,000.00) as the Guzman Carbajal Qualified Settlement Fund, the Terms for which are attached as Exhibit 1 to plaintiff's memorandum of points and authorities in support of plaintiffs' motion to approve the Establishment of the Guzman Carbajal Qualified Settlement Fund (document #168) which is incorporated herein by this reference. The Terms of the Guzman Carbajal Qualified Settlement Fund shall be carried out forthwith. The Guzman Carbajal Qualified Settlement Fund shall be governed by the provisions of the regulations that accompany section 468B of Title 26 of the United States Code. The Court retains continuing jurisdiction over the Guzman Carbajal Qualified Settlement Fund and over its Administrator Somnath Raj Chatterjee.<ref name="Document171">{{cite web |title=Peter Guzman and Maria Carbajal, v. United States, et al., CV08-01327 GHK (SSx) |url=https://www.courtlistener.com/recap/gov.uscourts.cacd.409690.171.0.pdf |page=3 |work=[[United States District Court for the Central District of California]] (CDCA) |publisher=www.courtlistener.com |date=June 7, 2010 |accessdate=2018-10-20}}</ref>}} |
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==See also== |
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*[[Deportation of Americans from the United States]] |
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*[[Deportation and removal from the United States]] |
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==References== |
==References== |
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{{reflist|2}} |
{{reflist|2}} |
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==External |
==External links== |
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*[https://www.courtlistener.com/docket/4143986/peter-guzman-v-michael-chertoff/ Peter Guzman v. Michael Chertoff (2:08-cv-01327) District Court, C.D. California.] |
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*[http://judiciary.house.gov/Oversight.aspx?ID=410 House of Representatives Subcommittee Hearing on Problems with ICE Interrogation, Detention, and Removal Procedures] - includes testimonies of individuals involved in legal situations surrounding Guzman's case. |
*[http://judiciary.house.gov/Oversight.aspx?ID=410 House of Representatives Subcommittee Hearing on Problems with ICE Interrogation, Detention, and Removal Procedures] - includes testimonies of individuals involved in legal situations surrounding Guzman's case. |
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**[ |
**[https://www.aclu.org/immigrants/detention/34251leg20080213.html ACLU Testimony for same subcommittee] |
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{{DEFAULTSORT:Guzman, Pedro}} |
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[[Category:Deportation]] |
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[[Category: |
[[Category:Living people]] |
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[[Category:People deported from the United States]] |
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[[Category:People from Los Angeles]] |
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[[Category:American people of Mexican descent]] |
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[[Category:Year of birth missing (living people)]] |
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Latest revision as of 14:35, 14 October 2024
Pedro Guzman (also known as Peter Guzman) is a U.S. citizen who was illegally deported to Mexico by the U.S. Immigration and Customs Enforcement agency (ICE) in May 2007.[1] He spent 85 days[2] in Mexico before successfully returning to his American family in the United States. Guzman's lawyers filed a lawsuit on February 27, 2008, against the Los Angeles County Sheriff's Department and the ICE,[3] and was settled on May 11, 2010, with Guzman receiving $350,000.[4]
History
[edit]According to court documents, Guzman was born in Los Angeles, California, to Maria Carbajal, a citizen of Mexico and a lawful permanent resident of the United States. The two have made a couple of short trips to Mexico but resided most of their life in the Los Angeles area. Guzman was unemployed due to an illness. His mother worked at a Jack in the Box restaurant.[3]
Sometime prior to 2008, Guzman was arrested for trespassing in a Lancaster airport, where he attempted to board a private airplane, and was subsequently sentenced to 120 days in a Los Angeles County jail (later reduced to 40 days). During custody, a sheriff's department employee erroneously reported him to the ICE as a non-citizen, despite both departmental records and a statement Guzman made at booking identifying him as a US citizen.[3]
Once transferred to ICE custody, Guzman signed a document agreeing to a voluntary deportation to Mexico. ICE officials claimed that Guzman "repeatedly told ICE officers and Customs and Border Patrol officials and others that he was born in Mexico".[5] Based on that oral statement, he was deported to Tijuana, Mexico, and given $3 to survive with. Using a stranger's cell phone, Guzman made a call to his brother's wife in the United States explaining his deportation, but the call was disconnected.[3]
Guzman then spent nearly three months in Mexico, destitute. He ate out of dumpsters, bathed in rivers, and slept outdoors.[6] In June 2007, while Guzman was still in Mexico, his family filed a lawsuit to attempt to force the US government to aid in their search for him. The suit was unsuccessful[7] and Guzman's mother, Maria Carbajal, proceeded to search for him herself. She traveled to Tijuana and spent several days in the area looking for him, cooking for workers in a banana warehouse in exchange for shelter in a back room there.[5] He tried to cross the United States–Mexico border several times, but was turned away each time. Guzman was eventually found near the Calexico, California border crossing in August 2007 and reunited with his American family.
Upon his return, Guzman (represented by law firm Morrison & Foerster) filed a separate lawsuit in conjunction with the American Civil Liberties Union (ACLU) alleging racial discrimination and violations of Guzman's constitutional rights.[8] The case was filed in the United States District Court for the Central District of California (CDCA) and assigned to District Judge George H. King. An ICE statement claimed that Guzman's case was "one-of-a-kind".[2] In a House of Representatives subcommittee hearing, Deputy Director Gary E. Mead of the Office of Detention and Removal Operations at ICE said that out of roughly 280,000 people deported in 2007, "only one was a US citizen".[9] The ACLU, however, claimed "ICE lacks even rudimentary safeguards against erroneous determinations."[10] Mead said the ICE is "reviewing its policies and procedures to determine if even greater safeguards can be put in place to prevent the rare instance where this event occurs" and that the process will be completed by May 13, 2008 (90 days from the February 13 hearing).[9]
Guzman "received no assistance from ICE agents -- or anyone else -- in attempting to read or understand" the voluntary release document that he signed.[2] In the United States, detainees held on immigrations violations do not have a 6th Amendment right to counsel.[11]
Guzman has been alleged to be mentally ill[2] and/or developmentally disabled.[5] During custody in LA County, he was given prescription anti-psychotic medications for "hearing voices".[5] He reads and writes at a 2nd-grade level[9] and has trouble remembering information, like his personal phone numbers.[12] Carbajal was quoted as saying, in Spanish, "Sometimes [Guzman] disconnects from reality. He was like that before, but he's worse now."[2]
Settlement
[edit] | This section may be too technical for most readers to understand. (July 2019) |
On May 11, 2010, U.S. District Judge King issued an order stating the following:
The Court designates the portion of the Morrison & Foerster Client Trust Account that receives the settlement proceeds in this matter of Three Hundred Fifty Thousand Dollars ($350,000.00) as the Guzman Carbajal Qualified Settlement Fund, the Terms for which are attached as Exhibit 1 to plaintiff's memorandum of points and authorities in support of plaintiffs' motion to approve the Establishment of the Guzman Carbajal Qualified Settlement Fund (document #168) which is incorporated herein by this reference. The Terms of the Guzman Carbajal Qualified Settlement Fund shall be carried out forthwith. The Guzman Carbajal Qualified Settlement Fund shall be governed by the provisions of the regulations that accompany section 468B of Title 26 of the United States Code. The Court retains continuing jurisdiction over the Guzman Carbajal Qualified Settlement Fund and over its Administrator Somnath Raj Chatterjee.[4]
See also
[edit]References
[edit]- ^ "Lawsuit filed for man who was illegally deported to Mexico" LA Wave
- ^ a b c d e "ACLU sues U.S., county agencies for wrongfully deporting citizen" Mercury News / AP
- ^ a b c d "Peter Guzman and Maria Carbajal, v. United States, et al., CV08-01327 GHK (SSx)" (PDF). www.courtlistener.com. June 7, 2010. Retrieved 2018-10-20.
- ^ a b "Peter Guzman and Maria Carbajal, v. United States, et al., CV08-01327 GHK (SSx)" (PDF). United States District Court for the Central District of California (CDCA). www.courtlistener.com. June 7, 2010. p. 3. Retrieved 2018-10-20.
- ^ a b c d "Suit filed over disabled U.S. citizen's deportation ordeal" LA Times
- ^ "Lawsuit filed over man deported and lost in Mexico" Reuters
- ^ "Pedro Guzman Still Missing as Family Seeks His Safe Return" ACLU
- ^ "Deported citizen suing 2 agencies" Sign On San Diego
- ^ a b c "House members grill ICE over Guzman case" OC Register
- ^ "ACLU Demands ICE End Illegal Deportation of U.S. Citizens" ACLU
- ^ "Feds admit mistakenly jailing citizens as illegal immigrants" Houston Chronicle
- ^ "ACLU Files Suit Over Disabled U.S. Citizen's Wrongful Deportation" KPBS
External links
[edit]- Peter Guzman v. Michael Chertoff (2:08-cv-01327) District Court, C.D. California.
- House of Representatives Subcommittee Hearing on Problems with ICE Interrogation, Detention, and Removal Procedures - includes testimonies of individuals involved in legal situations surrounding Guzman's case.