In the Matter of XXXXX – Redacted Motion to Terminate Removal Proceedings (based on custody conditions and failure to report child abuse)
Respondent, a 15 year old unaccompanied minor, was arrested by border patrol agents in Texas. CBP detained her in an icebox, and failed to provide her with sufficient food, water, clothing and shelter or medical assistance for approximately eleven days. Respondent was not permitted to shower, brush her teeth or go outside. She was given only a nylon blanket and forced to sleep on the cold floor in a room crowded with other people. She became physically sick with cough and fever.
Respondent subsequently was placed in removal proceedings. She subsequently moved to terminate the proceedings, arguing that the agency’s conduct violated the Fifth Amendment, the terms of the settlement agreement in Flores v. Reno, 8 USC 1232(b) (requiring transfer of unaccompanied minors to custody of the Department of Health and Human Services within 72 hours), and that the agency’s failure to report the conduct as child abuse constituted a crime under 18 USC 2258. The immigration judge denied the motion to terminate proceedings on February 4, 2015. The Board of Immigration Appeals subsequently denied an interlocutory appeal.
Counsel: Bryan Johnson
Contact: Amoachi & Johnson, PLLC, (631) 647-9701, Bryan@amjolaw.com