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SAN DIEGO (CNS) - A complaint was filed Friday on behalf of an asylum-seeking Honduran family -- which includes a newborn U.S. citizen born in Chula Vista -- that was sent across the border to Mexico to await asylum proceedings two days after the child's birth.All four family members, including the newborn who lacks legal immigration status in Mexico, were ordered across the border by Border Patrol agents, according to the joint administrative complaint filed by the American Civil Liberties Union and Jewish Family Service.The organizations have asked the U.S. Department of Homeland Security Office of Inspector General to conduct an investigation into the family's case. They say the family should have been allowed a legally required non-refoulement interview regarding the family's fears of being sent to Mexico.Reached for comment, a CBP spokesperson said, "As a matter of policy, CBP does not comment on pending litigation. However, lack of comment should not be construed as agreement or stipulation with any of the allegations."The complaint alleges the family -- father, pregnant mother and 9-year- old son -- fled Honduras about a year ago and turned themselves in at the U.S.-Mexico border in San Diego on June 27, one day before the mother gave birth to her son. As she was giving birth at Scripps Mercy Hospital in Chula Vista, her husband and son were not told which hospital she was taken to and were ordered back across the border, according to the complaint.After giving birth on June 28, the mother was "interrogated" by Border Patrol agents, according to the complaint, which says the woman asked the whereabouts of her husband and older son but was not given any information by the agents.The ACLU and Jewish Family Service allege the family should have been provided a non-refoulement interview, with both father and mother expressing fears about being returned to Mexico, but instead the mother and newborn were forced across the border on June 30.The complaint also alleges the family tried to enter the United States in March near the U.S-Mexico border in Texas and stated fears over being turned back to Mexico, but were also turned away without being provided a non-refoulement interview. They were told to return weeks later for an immigration hearing, but COVID-19 led to a postponement of their court date.While forced to wait in Mexico, the complaint alleges the family was "accosted and detained by a group of armed men who attempted to extort them."The family is now staying in a rented room in Tijuana, "and neither the newborn, nor his mother, has received any medical care since the birth," in contradiction of guidance from Scripps Mercy Hospital to have follow-up visits with doctors, according to the ACLU and Jewish Family Service."This family should have been granted release into the U.S. to await their asylum proceedings, as the Department of Homeland Security has done with more than 23,500 individuals -- all in family units -- over the past 1.5 years across the San Diego border region," said Luis M. Gonzalez, supervising immigration attorney with Jewish Family Service. "We urge Homeland Security to grant this family entry into the U.S. immediately to keep the family together and allow for adequate care for the U.S. citizen newborn child and for the mother's postpartum medical care."The complaint alleges that not providing the family with a non-refoulement interview violates U.S. law and Department of Homeland Security policies. The organizations demand the family be paroled together in the United States while they await asylum proceedings."This case reflects many of the lived horrors of both the so-called `Migrant Protection Protocols' and Border Patrol impunity," said Mitra Ebadolahi, an ACLU senior staff attorney. "No family should have to endure what this family has experienced. Together with Jewish Family Service, we are demanding a full investigation. The agency must be held to account for its disregard of basic human rights and its policy and legal transgressions." 4050
SAN DIEGO (AP) — The Marine Corps says one of its fighter jets collided in mid-air with another plane during a refueling operation in a remote desert area of Southern California.The pilot ejected and the other aircraft landed safely.Authorities say the F-35B jet collided with a Lockheed Martin KC-130J tanker around 4 p.m. Tuesday. The pilot who ejected is being treated, and nobody aboard the tanker was hurt.The jet crashed near the Salton Sea, northeast of San Diego.The big tanker landed in Thermal in neighboring Riverside County.Photos from the scene show the plane on its belly in a farm field. 610
SAN DIEGO (CNS) - A former San Diego High School teacher who sexually and physically assaulted an underage female student pleaded guilty to 11 felonies Tuesday, including lewd acts on a child and assault.Juan Carlos Herrera, 49, formerly a special needs curriculum instructor, is slated to be sentenced to 10 years in state prison next month for assaulting the unidentified victim "on almost a daily basis" between February 2018 and March of this year, when the girl was 15 and 16 years old, according to Deputy District Attorney Jessica Coto.His plea agreement includes lifetime registration as a sex offender and a strike offense for his plea to a dissuading a witness count for threatening the girl if she told anyone about what happened.RELATED: SDHS teacher accused of having sex with student represents himself in courtIn addition to the sexual assaults, Herrera threatened to cut the girl's arms and legs off if she told anyone what was going on, choked her and threw her on the ground, according to the prosecutor.The crimes occurred in his classroom, his car and at a hotel, prosecutors said.The prosecutor said the girl was a San Diego High School student, but is not a special needs student and was not one of Herrera's students."This case involves emotional manipulation by the defendant, who was verbally abusive and coercive towards the victim in this case, who was particularly vulnerable, as (Herrera) took advantage of information he knew about her background and used it to manipulate her," Coto said following his May arraignment.The investigation into Herrera began earlier this year, when the victim's mother reported finding suspicious and concerning text messages from Herrera on the girl's cellphone, SDPD Lt. Carole Beason said. 1761
SAN DIEGO (CNS) - A 27-year-old man is recovering Sunday after being shot in the back in the Mountain View area , police said.A verbal argument between two groups Saturday in the 200 block of Southlook Avenue, which started just before 9 p.m., escalated into a violent encounter, according to Officer Robert Heims of the San Diego Police Department."During the fight someone fired multiple shots into the crowd," he said. "Everyone fled the scene after the shots were fired."An 18-year-old man was detained and later arrested, Heims said.San Diego Police Gang Detectives are currently investigating the case.The victim's injuries don't appear to be life threatening, authorities said.Anyone with information about the shooting is encouraged to call Crime Stoppers at 888-580-8477. 788
SAN DIEGO — (KGTV) -- The Del Mar Fairgrounds is weighing its legal options after the KAABOO Music announced that it would move to Petco Park in 2020, the venue's CEO told 10News.Fairgrounds chief executive Tim Fennell declined a formal interview, but pointed to language in the Fairgrounds' contract with KAABOO that blocks the festival from holding a similar event within a 75-mile radius the year it cancels the contract. KAABOO announced Sunday it would end its contract with the Fairgrounds for the 2020 concert and move to Petco Park downtown.RELATED: KAABOO under new ownership days after revealing move from Del MarThen this week, KAABOO announced its assets were sold to a new company, an affiliate of Virgin Fest.In a statement, a spokeswoman for KAABOO said the prior contract's terms do not apply."As reported, we acquired only the assets of KAABOO. Accordingly, all liabilities remained with the previous owners, so we are not aware of their obligations," she said. The music festival, rebranded KAABOO San Diego, is scheduled for Sept. 18 to 20, 2020 at Petco Park and surrounding parking lots. 1117