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SAN DIEGO (KGTV) - A man from El Salvador has been granted asylum in the United States after having been sent back to Mexico to await his trial.According to his attorney, Narciso Cruz, the man is only the second person to receive asylum who had been sent back to Mexico due to the Trump administration’s Migrant Protection Protocol (MPP.)“This individual is a bit of a rarity,” said Cruz, referring to his client’s success in court.But his story is not a rarity.Marcos fled violence in El Salvador and did no want to use his full name for this story, still fearing the gang he fled in El Salvador.“They’re a terrorist group,” said Marcos.He became targeted earlier this year after he tried to help his cousin who was being recruited by the gang. After he interfered, he started receiving death threats.“They will kill you and your entire family,” he said.He traveled to the United States, crossing the border on June 25 somewhere near Tecate.He said he wandered in the desert for five days before he was eventually picked up by Border Patrol agents and taken to a holding facility. Within a day he said he was sent back across the border to Mexico where he would wait for his case to be heard.The Trump Administration implemented the MPP in January. Despite some pushback from the courts, the policy, also called “remain in Mexico,” was allowed to go forward.As of September 1, the U.S government has sent 42,000 asylum seekers to Mexico, according to the Department of Homeland Security.As for Marcos, his case is not officially done yet. The government reserved its right to appeal the court’s decision. They have until October 25 to file an appeal. 1659

SAN DIEGO (KGTV) - A plan that has the potential to triple Mission Valley's population by 2050 will be voted on by the San Diego City Council Tuesday.The city will vote on the final draft of the proposed Mission Valley Community Plan. It replaces the last plan that was written back in 1985. Supporters say it will help address the region's housing crisis. "One of the biggest problems we've had in the city is our community plans haven't been updated in decades. So, whenever developers come in and want to build housing they have to get conditional use permits and that takes sometimes over years to get accomplished, and that drives the cost of housing up," said councilman Scott Sherman whose district includes Mission Valley.Currently, Mission Valley is zoned mixed-use and residential. The new plan would rezone it to almost all mixed-use. Developers would be able to build up to 145 housing units per acre, instead of 73 units per acre. "Apartments and condos, density around mass transit, that's the whole idea, we need housing so let's make it more dense around transit oriented hubs, cause we have the trolley that runs right through Mission Valley," said Sherman. People who work in Mission Valley are worried that traffic will be a nightmare in an area already known for gridlock. "It's already congested as it is, so to build more, where?" asked Eni O'Donnell. "It depends on how well they plan integrating it all in, if you bring in 50,000 people overnight, then obviously, that's not going to work," said Archie Kordestani who lives in Civita. The plan includes several new bike and pedestrian bridges, connectors to help with traffic, and more transit stops along the trolley's green line. "Busing, biking, trolleys, I think these are the ways to go," said Kordestani.The project also includes 160 acres of park space and two schools. If it gets final approval, builders can start applying for permits in the next few months."If you make the rules in place and make it easier for people to build, they'll come in and build and the price should go down, cause right now our housing crisis is really a supply issue," said Sherman. 2155

SAN DIEGO (KGTV) -- A man suffered serious injuries after a scooter crash on the Mission Beach boardwalk late Tuesday afternoon. According to police, the crash happened around 4:30 p.m. near Ocean Front Walk and San Luis Obispo Place. Authorities say a 55-year-old man on a bicycle and a 27-year-old man on a scooter collided on the boardwalk."His bike was upside and he was just laying there," said Nicole Ryujin, who saw the aftermath. "He wasn’t moving and at first I was like, 'is this guy okay?'" Police say the 55-year-old was taken to the hospital with serious injuries, but not life threatening. According to police, the 27-year-old didn't suffer any injuries. Investigators say the scooter rider was headed north on the boardwalk, and the biker was headed south, when they collided. At this time, it's unclear exactly what led to the crash. Traffic investigators questioned the scooter rider on scene. Investigators say there is no criminal investigation at this time. 987

SAN DIEGO (KGTV) -- A new WalletHub report shows where California ranks among best and worst states for teen drivers.According to the site, summer is the busiest time of year for teens obtaining their driver’s licenses.Overall, California took the 18th spot on the list right behind Kansas, however, California didn’t do quite as well in some other categories. California roads ranked on the list as the 48th worst in the nation while the state took the 36th spot for premium increases after adding a teen driver to a policy. RELATED: San Diego a top travel destination this July 4, AAA saysThe Golden State also ranks 47th when it comes to the average cost of car repairs. California placed first on the list when it comes to state regulations like the presence of occupant-protection laws and the presence of distracted driving laws. The state also took the 13th spot for teen driver fatalities per teen population. RELATED: Making It in San Diego: Financial preparations for your teen driverTo determine the safest and least safest places in the US for teenagers, WalletHub compared 50 states based on 23 metrics including the number of teen driver fatalities and average cost of repairs. If you're teaching your teen to drive, AAA has some tips on what to do. Practice driving with your teen in the neighborhood where their test will be and on the freeway Demonstrate good driving behavior Put away cell phones before driving The California DMV has a list of resources for preparing your teen to get a state driver's license. Click here for more information. 1572

SAN DIEGO (KGTV) -- A man was arrested at the border then held for nearly three days in a potentially dangerous medical state, according to court documents. In March 2019, Jesus Centeno-Paredes was arrested trying to enter the United States at the Otay Mesa Port of Entry.Centeno was an undocumented immigrant and previously deported from the United States, according to charging documents. His exact charge was attempted entry after deportation.Centeno was taken to the Metropolitan Correction Center San Diego, a federal detention center, but was rejected because of his chronic use of heroin and an abscess on his leg, according to court documents.According to court documents, officials at MCC directed that Centeno be taken to Alvarado Parkway Institute, an inpatient hospital in San Diego County, where he would receive medically monitored detox care. Instead, he was taken to the hospital to treat his leg and then back to the Port of Entry, where he was held for nearly three days and denied medically necessary care to detox from heroin safely, records state.Centeno's attorney argued his client's case is not isolated, and the outrageousness of the government's misconduct is intensified by its repeated denial of adequate detox care while holding detainees at the Port of Entry."They did the minimum, like not even what they had to," Centeno told 10News."It was cold, it was small," he said of his conditions at the facility. "They gave you a blanket, not even a blanket -- foil, a piece of thin foil."10News obtained hours of surveillance video of Centeno in his holding cell.In the video, you can see Centeno curled up under a makeshift blanket. He spent time resting on either a concrete bench or what he described as a thin mat on the ground. According to court documents, "Mr. Centeno was kept in a small cell where the lights were on the entire time. Mr. Centeno was not given a change of clothes during the nearly three days while he was at the Port of Entry. The cell where Mr. Centeno was held did not have a bed, and Mr. Centeno was given a thin foil blanket and a torn yoga mat to lie on. There was no soap, no toothbrush, and no hygiene products."At one point, the camera shows Centeno trying to throw wet toilet paper at the ceiling in an attempt to cut off the air conditioning."That's where the ventilation was," he explained. "The air comes in cold, and I'm laying, and the air comes in like this."While Centeno looks calm in the video, he said he's going through major drug detox. Staying still was his coping mechanism.Pain specialist Dr. Clark Smith said it is dangerous not to check the blood pressure of someone going through withdrawal. "It would be medical malpractice," he said.Smith explained people going through heroin withdrawal generally experience elevated blood pressure, nausea, and muscle aches, among other symptoms."I've seen people who looked OK. They didn't have noticeable shaking, and their blood pressure was so high they were going to die either from a heart attack or stroke," he said."[Centeno] should have been given medially basic care for this type of treatment, and he wasn't, and that's scary," said Centeno's criminal attorney Ryan Stitt."People in Mr. Centeno's situation are not convicted of any crime. They are held for days without access to a telephone or communication with the outside world, and they are not given proper medical care. It's really a terrifying cocktail of abuse," he explained.Stitt called Centeno's treatment shocking and said the government knew he required medical care to detox from heroin safely.In court documents, Stitt wrote: "Mr. Centeno's case is one where the government knew he needed care and simply elected to lock him in a cell and not provide the care because the one treatment facility it contracts with was full. Perhaps if Mr. Centeno's case was the first case where the treatment center was full, the government's failure to have a backup plan or to take other corrective action would render the misconduct less serious. However, the record shows that this is not an isolated case and that the misconduct is widespread. Moreover, the government's record keeping in Mr. Centeno's case worsens the misconduct. The records state that Mr. Centeno received medication twice while at the Port of Entry, but the surveillance video from his cell fails to show that he received the medication at the proscribed times. The government also failed to keep medical records for his stay at the Port of Entry. This failure is striking given the fact that Mr. Centeno's lawyers were objecting in court to his deficient medical care while he was still at the Port of Entry."Centeno was eventually taken to Alvarado Parkway Institute when bed space became available and treated for withdrawal, according to court filings.When asked by Team10 Investigator Adam Racusin if he thought he was treated humanely, Centeno said: "I think they treat dogs better, in the kennels." The U.S. Attorney's Office dropped the charge against Centeno about an hour after 10News finished interviewing him. That U.S. Attorney's Office declined to comment on that decision.As of today, Centeno is back at the San Ysidro Port of Entry. He does plan to file for citizenship, and he is contesting his deportation on that basis. Government's ResponseA spokesperson for Customs and Border Protection told 10News, "CBP does not comment on matters that are currently under litigation."10News pointed out that the charge against Centeno was dropped but didn't hear back.In court filings, the Assistant U.S. Attorney assigned to the case addressed Centeno's allegations: "While defendant was at the POE, records show that CBP conducted wellness checks on defendant's cell virtually every 20 minutes for the entirety of his time there.CBP regularly offered or provided meals, including hot burritos (with a vegetarian option), cookies, snacks, turkey sandwiches, fruit juice, and other meals. The records would reflect if the defendant had refused or failed to receive any meals. He did not. Additionally, a physician assistant and an on-call physician were available if necessary. According to Supervisor Enforcement Officer in the Criminal Enforcement Unit at San Ysidro, Sarah Esparagoza, medical personnel, including physician assistants, are available at the San Ysidro Port of Entry for 16 to 20 hours a day." The government told the judge if someone in custody experiences any significant medical issue while at the Port of Entry, they would be referred to the on-duty physician assistant or taken to the emergency room at a local hospital.According to the court filing by the government, "The conduct at issue here does not rise to the level of cruel and unusual punishment necessary to violate defendant's Eight Amendment rights. As identified below, defendant fails to present any evidence that was in experiencing dangerous symptoms of withdrawal at the POE. What this court does know is that defendant was taken to the emergency room when needed; he was monitored through numerous wellness checks; had access to P.A.s 16 to 20 hours a day; had CBP Officers near—many of whom are also certified EMTs; and access to transportation to the emergency room (again) if needed."Other people going through withdrawalCenteno is not the only one making these allegations of mistreatment in a border holding cell.Documents obtained by Team 10 allege others have gone through detox at the San Ysidro Land Port of Entry.Team 10 obtained what's known as the "No Body Active List" or "Federal Defender No Body Report."According to court filings, "By 9:00 a.m. each day, the government shall provide a list to the duty Magistrate Judge and Federal Defender of all persons arrested before 6:00 a.m. that day, but who will not be arraigned that day. The government shall also provide the reasons for the delay and the location of the defendants. The government is therefore required to provide the No Body Active List by order of the Court."A No Body Active List from March of this year shows two additional people involuntarily detoxing from heroin were kept at the San Ysidro Port. Team 10 investigator Adam Racusin has also seen other No Body Active Lists from different dates showing other people marked as detoxing at the San Ysidro Port of Entry.Team 10 tried to get all No Body Active Lists from the start of this year, but so far, the United States Attorney's Office has not turned them over, and said they aren't public documents.Right now the government is facing two other civil lawsuits claiming it did not provide adequate medical care.Not enough resourcesIn each of the cases reviewed by 10News, detainees have been turned away from Alvarado Parkway Institute (API) because of a lack of beds.A spokesperson for API told 10News it provides behavioral health services to the general public in San Diego and the surrounding communities, including various government agencies."We have had a longstanding relationship with federal agencies in the local San Diego area and have provided inpatient psychiatric and detox services to their detainees for years. That work represents less than 10% of the patient population that we treat. The remainder of our patient population is from the San Diego and surrounding communities," the spokesperson said. API told 10News once a patient is admitted, they are monitored around the clock by registered nursing staff, and physicians are on-call 24-hours a day. API detoxification protocols include medication intervention where medicine would be administered based on what the patient is detoxing from, as well as to assist with comfort levels.According to the spokesperson, API is a 66-bed inpatient hospital. 10News asked API how it's possible they can run out of space and how often that happens."Due to the lack of inpatient psychiatric beds in San Diego County, we often operate near or at full capacity. Because of this, it is not uncommon for us to be forced to refer inquires to another facility or turn them away because we are full or we do not have an appropriate bed available. API treats male and female clients with various levels of acuity. Clients are assigned rooms based on a number of factors and space availability depends on the individual's age, sex, presenting problems, medical comorbidities, and status as a criminal or administrative detainee," the API spokesperson told 10News. 10408