Lawsuit alleging border officials falsely imprisoned 9-year-old U.S. citizen girl passes legal hurdle

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Lawsuit alleging border officials falsely imprisoned 9-year-old U.S. citizen girl passes legal hurdle
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A judge declined to dismiss the case involving a girl held at the San Ysidro Port of Entry for more than 30 hours after she and her brother tried to cross north for school

A federal judge is allowing a lawsuit brought by the family of a 9-year-old U.S. citizen girl who was held in custody at the San Ysidro Port of Entry for more than 30 hours to move forward.

But U.S. District Judge Gonzalo Curiel said in an order last week that the discrepancy in story between the two parties requires further litigation and allowed the case to continue toward trial.“The court is clearly faced with a genuine issue of material fact,” Curiel wrote in his order denying the motion to dismiss.

In the court filings, the family says that early on March 18, 2019, the then 9-year-old and her older brother, then 14, were waiting in line in a car to cross north from Tijuana with a family friend to go to school in San Diego. However, because the line was moving so slowly, they decided the children would walk across at PedWest, the pedestrian crossing on the western end of the San Ysidro Port of Entry.

The family’s complaint says that a CBP officer asked the boy about other relatives and, upon learning the age of one of his young cousins, the officer said that the girl in their custody was actually this cousin. The complaint says that CBP officers pressured both children to sign false statements saying that the girl was actually her cousin. The children said they were told that the boy would be taken to jail for smuggling if they did not sign.

The government says that CBP decided to have the Mexican consulate interview the girl to verify her identity, but an appointment was not available until the next morning. “Mrs. Medina asked the CBP Officers if they were going to give her something in writing to explain the detention of her daughter, but they refused her request and threatened to detain Mrs. Medina if she did not leave,” the complaint says.

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