Boule v. Egbert

Boule v. Egbert et al., Nos. 2:17-cv-00106-RSM (W.D. Wash., filed Jan. 25, 2017) and 18-35789 (9th Cir., filed Sep. 20, 2018)

A U.S. citizen filed a Bivens action for damages he suffered when a U.S. Border Patrol agent unlawfully entered his property in violation of the Fourth Amendment, refused to leave when told to do so, and knocked him to the ground. The district court granted the defendant agent’s motion for summary judgment and dismissed the plaintiff’s Fourth Amendment claim. Although it found that the agent had violated the Fourth Amendment, it nevertheless held that the case presents a new context for Bivens and that special factors existed which counseled against extending Bivens. In particular, the court found that the case implicated national security issues because the plaintiff’s property—where the incident occurred—is located right on the United States’ side of the U.S-Canada border. The court indicated that the risk of personal liability would cause Border Patrol agents to hesitate and second guess their daily decisions about whether and how to investigate suspicious activity near the border.

The plaintiff appealed to the Ninth Circuit. Northwest Immigrant Rights Project and the American Immigration Council filed an amicus in support of the appeal. The appeal currently is pending.

Counsel: Breean L. Beggs, Paukert and Troppmann; Gregory Boos and W. Scott Railton, Cascadia Cross-Border Law

Contact: Gregory Boos | Cascadia Cross-Border Law | 360.671.5945 | gdboos@cascadia.com

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FTCA Administrative Complaint against CBP and Border Patrol for False Arrest at a Greyhound Bus Station

FTCA Administrative Complaint against CBP and Border Patrol for False Arrest at a Greyhound Bus Station

On June 20, 2018 the ACLU of Washington and the Northwest Immigrant Rights Project filed a claim under the FTCA on behalf of Andres Sosa Segura, who was unlawfully seized and detained by Border Patrol agents at an intermodal transit station in Spokane, Washington.

Sosa, a resident of Washington, traveled regularly to Montana for work. On his return trip from Montana, after disembarking a bus at the Spokane station to make a transfer, Sosa was approached by Border Patrol agents who began to interrogate him about his legal status. Sosa had been the only Latinx-appearing passenger on the bus. He asserted his right to remain silent and showed the agents a “know your rights” card. Upon viewing the card, one of the agents called Sosa “illegal,” and both agents positioned their bodies so he could not leave, even once putting their hand on their gun as though to imply the use of force if Sosa did not comply.

The agents continued to question Sosa and to threaten him with deportation, even after he disclosed he had already been released from immigration detention and had an ankle monitor. They eventually drove him to a detention facility an hour away from the bus station and continued to detain him for several hours while they verified he had been released from immigration detention on bond. Eventually, Sosa was driven back to the Spokane bus station and released, though he had already missed all buses back to his home. The complaint letter asserts that Sosa experienced humiliation, emotional distress, and other damages during the time he was falsely arrested and falsely imprisoned.

Counsel: ACLU of Washington|Northwest Immigrant Rights Project

Contact: Matt Adams | Northwest Immigrant Rights Project | matt@nwirp.org

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FTCA Administrative Complaint against CBP for Unlawfully Deportation of an Individual in Removal Proceedings

FTCA Administrative Complaint against CBP for Unlawfully Deportation of an Individual in Removal Proceedings

On October 12, 2018, the Northwest Immigrant Rights Project filed an FTCA Administrative Complaint on behalf of an individual who was wrongfully deported by CBP in October of 2016. Already in removal proceedings, the individual was picked up by CBP while traveling in Texas and wrongfully deported to Mexico, in spite of having paperwork on his person which showed he already had a pending case in immigration court.

In December of 2014, the subject of the complaint, who had lived in the US for over 15 years, was detained by ICE after an arrest, after which DHS moved to reinstate a prior order of removal. In 2015, he passed a reasonable fear interview when an asylum officer found a significant possibility that he would be eligible for protection under the Convention Against Torture (CAT) due to his status as a target of two cartels. Accordingly, his case was referred to an Immigration Judge for withholding of removal proceedings and he was able to bond out of detention. After a competency hearing, the individual was found to be a Franco-Gonzalez class member due to his neurocognitive history and as such, was appointed counsel for immigration court.

While awaiting his next hearing, the individual traveled to Hidalgo, Texas to visit family. Border Patrol agents detained him as he was walking back from a party, assuming he was traveling with another larger group that had been walking nearby. The agents transported him to a detention center and refused to listen when he asserted he was already in removal proceedings and wished to speak to his lawyer. He spent at least two full days and nights in a detention center, constantly insisting to officers on speaking to his attorney, to no avail. Officers demanded that he sign a form agreeing to deportation, even at one time falsely assuring him his next court hearing had been “cancelled.” The officers kept the immigration court documents the individual showed them and forcibly removed him to Mexico.

While in Mexico, the subject was forced to flee for his life and remained in hiding until his immigration attorney was able to make arrangements for his return to the U.S. with agency officers. He was finally allowed to present himself at the border in January of 2017. The claim filed affirms he suffered significant, foreseeable, and direct emotional and financial harm as a result of the unlawful activity of ICE and CBP.

Counsel: Northwest Immigrant Rights Project

Contact: Aaron Korthuis | Northwest Immigrant Rights Project | aaron@nwirp.org

 

Gabriel Gomez Maciel v. Mylissa Coleman, in her official and individual capacities; City of Spokane

Gabriel Gomez Maciel v. Mylissa Coleman, in her official and individual capacities; City of Spokane, No. 2:17-cv-00292 (E.D. Wa. filed August 21, 2017)

On August 24, 2014, Gabriel Gomez Maciel was driving to church when his pickup truck was struck by a minivan. Mylissa Coleman, who at the time was working as a police officer for the City of Spokane, arrived at the scene of the accident to investigate, and contacted the Border Patrol to ask whether the agency had any interest in Gomez. Coleman contacted the Border Patrol solely on the basis of Gomez’s race and ethnicity.

Even though Gomez had been injured in the accident, Coleman did not ask if he needed medical assistance. Even after she completed her investigation of the accident and cited the minivan driver, Coleman continued to detain Gomez Coleman’s continued detention of Gomez was not justified by reasonable suspicion, much less probable cause. Eventually, Border Patrol agents arrived and transferred Gomez to the Tacoma immigration detention center, where he remained for one month until he was able to post bond.

On August 21, 2017, the Northwest Immigrant Rights Project filed a complaint in the United States District Court in the Eastern District of Washington against Mylissa Coleman and the City of Spokane pursuant to42 U.S.C. § 1983 and Article 1, § 7 of the Constitution of the State of Washington. Gomez alleges that he suffered substantial physical, emotional, and economic harm as a result of his unlawful detention.

On November 13, 2017, the parties notified the Court that the case had settled. As part of the settlement agreement, the parties agreed to a number of conditions. The City of Spokane agreed to modify its policies to clarify that police officers “shall not contact, question, delay, detain, or arrest an individual [because] s/he is suspected of violating immigration laws.” The City has also agreed to provide training to City police officers regarding the policy change. As part of the settlement, the City also agreed to pay a total of $49,000 in damages and fees.

Complaint Against CBP Abuses Following President Trump’s Travel Ban

On February 6, 2017, the Center for Constitutional Rights and the Kathryn O. Greenberg Immigration Justice Clinic filed a letter with the Department of Homeland Security Office of the Inspector General (OIG), detailing the systemic abuses and violations of the rights of individuals lawfully entering the United States through airports in the days following the issuance of President Trump’s January 27, 2017 executive order (“Executive Order”). This Executive order suspended entry into the United States for individuals from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. The complaint to OIG contains 26 declarations from both noncitizens—including long-term LPRs—and attorneys about abuses at the hands of CBP. As the declarations discuss, both new arrivals with valid visas and long-time U.S. residents were detained for excessive periods, denied access to attorneys even after a court ordered CBP to provide access to counsel, and pressured into giving up their valid visas. The organizations conclude by calling on CBP to end its policy of detaining immigrants without allowing them access to counsel.

On January 18, 2018, the Department of Homeland Security’s Office of Inspector General released a report following a year-long investigation into the events immediately following the implementation of the first travel ban on January 27, 2017. Although the Office of Inspector General was unable to substantiate any individual claims of misconduct against CBP officers at ports of entry within the United States, the OIG found that CBP had violated two separate court orders when it was “aggressive in preventing affected travelers from boarding aircraft bound for the United States.

Vargas Ramirez v. United States of America

Vargas Ramirez v. United States of America, No. 2:13-cv-02325 (W.D. Wash., filed Dec. 27, 2013)

Mr. Gustavo Vargas Ramirez brought this Federal Tort Claims Act lawsuit against the United States for false arrest, false imprisonment, negligent and intentional infliction of emotional distress, and abuse of process arising from his unjustified arrest at the hands of Border Patrol (BP).

On June 23, 2011, Mr. Vargas was stopped by the Anacortes, Washington police, allegedly for failing to use his turn signal. He provided a valid license, registration, and proof of insurance. Despite this, the police officer called BP to check on Mr. Vargas’s immigration status. After failing to find any immigration or criminal history on Mr. Vargas, the BP agent asked the police officer to allow him to speak to Mr. Vargas directly, but Mr. Vargas refused to answer any of the agent’s questions without talking to a lawyer. The agent then instructed the police officer to detain Mr. Vargas, despite lacking any legal basis for doing so. Based on this request, the police officer transported Mr. Vargas, in handcuffs, to the city jail, where he waited in a cold prison cell until a BP agent arrived and took him to a nearby BP station. Once at the station, Mr. Vargas continued to refuse to answer any questions without a lawyer. The agents on duty ignored his efforts to assert his rights and attempted to pressure him into signing various documents without first explaining their contents to him. Mr. Vargas was eventually transferred to the Northwest Detention Center, where he was detained for almost ten weeks. His case was subsequently administratively closed.

The BP report of what transpired on June 23, 2011 contains blatant misrepresentations that purport to provide a legal justification for BP’s decision to have Mr. Vargas arrested, showing the agents involved knew their conduct was unlawful. The report wrongly states, for instance, that the Anacortes police officer called BP for help with interpretation issues and that a BP agent arrived at the scene of the traffic stop, where he took custody of Mr. Vargas after the latter admitted that he had been born in Mexico. Such an interaction never happened.

Mr. Vargas first filed formal administrative complaints against both the Anacortes Police Department and Border Patrol in mid 2013. He settled his claims against the Anacortes Police Department without going to trial. His complaint against Border Patrol went unanswered, however, and Mr. Vargas filed a complaint in the U.S. district court for the Western District of Washington seeking damages for the violations BP inflicted upon him. Following Mr. Vargas’s defeat of the government’s motion to dismiss or for summary judgment, the parties undertook discovery, after which they filed cross motions for summary judgment. On March 23, 2015, the district court entered an order granting Mr. Vargas’s motion for summary judgment with respect to the claims of false arrest and false imprisonment, and dismissed the secondary claims. The parties reached a settlement, agreeing to damages in the amount of $10,000. As a result of the settlement the district court issued a final order dismissing the claim on March 31, 2015.

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Counsel: Northwest Immigrant Rights Project | Bean Porter Hawkins PLLC

Contact: Matt Adams | NWIRP | 206.957.8611 | matt@nwirp.org

Ramirez-Rangel, et al. v. Kitsap County, et al.

Ramirez-Rangel, et al. v. Kitsap County, et al., No. 12-2-09594-4 (Wash. Super. Ct., filed Jan. 31, 2012, decided Aug. 16, 2013)

Three individuals brought this lawsuit against Kitsap County and two Kitsap County deputy sheriffs for false arrest and violations of the Washington State Constitution.

Plaintiffs Samuel Ramirez Rangel, Leticia Gonzalez Santiago, and Jose Solis Leon were harvesting shellfish one February evening in 2010 when two Kitsap County deputy sheriffs noticed them speaking Spanish. The deputies waited for the group to exit the beach and followed their truck, eventually pulling them over to allegedly investigate a defective headlight and their shellfish licenses. Although the deputies resolved all issues relating to the headlight and shellfish, they prolonged the traffic stop to question the plaintiffs about their immigration status. The deputies proceeded to call U.S. Border Patrol to inform them they had stopped some individuals they suspected of having immigration issues, offering to detain them until Border Patrol could arrive. The deputies then called for additional law enforcement assistance and, after ordering the plaintiffs to sit in their truck, the officers kept the truck surrounded until Border Patrol agents arrived at the scene.

The court dismissed the false arrest claim but held that local law enforcement officers violate Article 1, Section 7 of the Washington State Constitution when they prolong a detention to question individuals about their immigration status, citizenship status, and/or country of origin. The court clarified that even when officers have reasonable suspicion or probable cause to seize someone for a legitimate reason unrelated to immigration enforcement, they are constitutionally forbidden from extending a detention to interrogate that detainee as to her or his immigration status once the officers have decided not to arrest that person for the original offense.

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Counsel: Northwest Immigrant Rights Project | American Civil Liberties Union of Washington State | Stoel Rives LLP

Contact: Matt Adams | NWIRP | 206.957.8611 | matt@nwirp.org

Sanchez, et al. v. U.S. Office of Border Patrol, et al.

Sanchez, et al. v. U.S. Office of Border Patrol, et al. No. 12-00735 (W.D. Wash., filed Apr. 26, 2012)

In this class action, three U.S. citizen plaintiffs challenged U.S. Border Patrol’s practice of routinely stopping vehicles on Washington’s Olympic Peninsula and interrogating occupants about their immigration status based solely on the occupants’ racial and ethnic appearance, in violation of their constitutional rights. On behalf of themselves and others who have been subjected to similar stops, the plaintiffs asked the court to issue an injunction ordering Border Patrol to halt all such stops until its agents on the Peninsula have received training and demonstrated, through testing, that they understand the constitutional and other legal requirements necessary to stop and detain an individual.

In September 2013, the plaintiffs and Border Patrol reached a settlement in which Border Patrol acknowledged that its agents on the Olympic Peninsula must base vehicle stops away from the border on reasonable suspicion that an individual may be involved in violating the law.

All Port Angeles Border Patrol agents will be required to receive an additional training in Fourth Amendment protections, including those related to vehicle stops. The Fourth Amendment prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause. In addition, for 18 months, Border Patrol will provide reports to plaintiffs’ attorneys documenting all stops in the Olympic Peninsula. Finally, Border Patrol also committed to complying with judicial decisions setting limits on stops and interrogations and to abiding by Department of Homeland Security guidance on the use of race or ethnicity in performing its duties.

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Counsel: Northwest Immigrant Rights Project | American Civil Liberties Union of Washington State | Perkins Coie LLP

Contact: Matt Adams | NWIRP | 206.957.8611 | matt@nwirp.org