Crespo Cagnant v. United States

Crespo Cagnant v. United States, No: 1:18-cv-22267-FAM (S.D. Fla., filed June 7, 2018)

 On June 7, 2018, the American Immigration Council, Holland & Knight LLP, and the Northwest Immigrant Rights Project, and Kairys, Rudovsky, Messing, Feinberg & Lin LLP sued the United States on behalf of asylum-seeker, Jose Crespo Cagnant, under the Federal Tort Claims Act. The complaint alleges misconduct by agents of U.S. Customs and Border Protection (CBP) that involved falsifying Mr. Crespo’s paperwork and then deporting him in contravention of their statutory and regulatory duties to afford Mr. Crespo an opportunity to seek protection from persecution.

Mr. Crespo, a Mexican immigrant who has lived in the United States with his U.S.-citizen partner for more than a decade, was subjected to an expedited removal order after he entered the U.S. in 2012. Mr. Crespo feared persecution in Mexico on account of his sexual orientation; however, the border patrol agent who processed his paperwork did not speak Spanish, failed to seek an interpreter, and filled out the forms with invented information about Mr. Crespo’s reasons for coming to the United States and his family history. Based on this falsified information, CBP deported Mr. Crespo without affording him his legal right to have an asylum officer evaluate his protection claims.

Fearful for his safety upon returning to Mexico, Mr. Crespo returned to his partner—now husband—and sought to legalize his status. As a result, he was criminally charged with reentering the U.S. after deportation. A federal district court judge later dismissed the criminal case against Mr. Crespo, finding that the agent that deported him in 2012 did not testify credibly.

The case is currently pending.

Counsel: Holland & Knight LLP | American Immigration Council | Kairys, Rudovsky, Messing, Feinberg & Lin LLP | Northwest Immigrant Rights Project

Contact: Trina Realmuto | AIC | trealmuto@immcouncil.org

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