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SAN DIEGO (CNS) - A San Diego federal judge refused Tuesday to release 34 "medically vulnerable" detainees from the Otay Mesa Detention Center, which has the largest COVID-19 outbreak among the nation's U.S. Immigrations and Customs Enforcement facilities.U.S. District Judge Dana Sabraw previously ruled that a group of medically vulnerable detainees be released, in respose to a lawsuit filed by the American Civil Liberties Union alleging that overcrowded conditions at Otay Mesa put detainees at serious risk of contracting the virus.More than 200 people have tested positive at the facility since the outbreak began, including 57-year-old Carlos Escobar-Mejia, who became the first ICE detainee to die from COVID-19 earlier this month.While most of those detainees have been released since Sabraw's ruling, ICE was allowed to review their criminal histories, and decided that 34 among them should remain in custody "based on defendants' determination that they pose a danger to the community," the judge wrote.Sabraw ruled that while Otay Mesa still has the largest virus outbreak in the nation, the reduction in the facility's population and other factors have likely reduced the risk for those still detained.Sabraw's ruling denying a request for a preliminary injunction indicates the facility is currently at 38% capacity, and that the 34 detainees at issue are spread out throughout the facility.The judge wrote that 30 of those detainees are in housing units with no positive cases, "a stark contrast to the situation that existed before the TRO issued, where medically vulnerable detainees were being housed throughout the facility with other detainees who had tested positive."Sabraw wrote that the remaining four detainees are in a unit that is at 12% capacity. Three of the four detainees tested positive for COVID-19 before his TRO order was issued, but have since recovered. The fourth detainee "may be at increased risk, but other factors mitigate that risk," Sabraw wrote.The judge said Otay Mesa has taken measures to mitigate the risk of further spread, including suspending new detainee admissions, screening people who enter the facility, increasing sanitation, providing masks to detainees and requiring employees to use personal protective equipment.Additionally, Sabraw wrote that unlike the detainees previously released, the government had additional interest in "protecting the community," when considering the 34 remaining detainees.Earlier this month, Sabraw also denied a request from the ACLU to release medically vulnerable U.S. Marshals Service inmates from the facility, citing a law that limits the ability for inmates in criminal custody to file lawsuits in federal court, placing certain restrictions on inmate release requests when it concerns the conditions of their detention. 2826

SAN DIEGO (CNS) - A U.S. Army veteran pleaded not guilty in San Diego Wednesday to a pair of assault with a deadly weapon charges for allegedly stabbing an active-duty serviceman who, along with a friend, pointed out that the veteran's Private First Class badge was upside down on his uniform.Marc Dominguez, 42, who served in the Army in 2003 and 2004 as a Private First Class E-3, was ordered held on ,000 bail.Deputy District Attorney Kelly Rand told Judge Maureen Hallahan that Dominguez stabbed the active-duty serviceman and lunged at the victim's friend with a knife about 11:30 p.m. last Thursday at a Gaslamp Quarter bar after they questioned whether the defendant was in the military because a patch on his uniform was not attached correctly.The active-duty serviceman was stabbed in the head and bicep and sliced his fingers while trying to get the knife away from Dominguez, the prosecutor said. The other man wasn't hurt.Based on the prosecutor's statements in court, the judge found that Dominguez was a danger to the community and raised his bail from ,000 to ,000 and ordered him to stay away from the victims.A readiness conference was set for Nov. 28 and a preliminary hearing for Nov. 30.  1230

SAN DIEGO (CNS) - Elected officials, including Escondido Mayor Sam Abed and San Marcos Mayor Jim Desmond, and a group of residents will urge the San Diego County Board of Supervisors Monday to join the federal government's lawsuit challenging California's sanctuary state law.The bill, signed by Gov. Jerry Brown in October, limits cooperation between California law enforcement and federal immigration authorities. It prohibits local agencies from holding some immigrants on the basis of federal detainers, asking about immigration status or sharing information with federal authorities not available to the public, among other provisions.Opponents believe the law obstructs the deportation of criminals by federal authorities."The sanctuary state law is not only unconstitutional, but it is a real threat to public safety because it forces local government to harbor and shield violent criminals," former San Diego City Councilman Carl DeMaio said. "It is imperative that San Diego voters contact the five members of the Board of Supervisors before the vote tomorrow (Tuesday) to urge them to sign on to the lawsuit against the sanctuary city law."The news conference will be held 11 a.m. at the park behind iHeartMedia, 9660 Granite Ridge Drive.Proponents of the bill, including the ACLU of San Diego and Imperial Counties, believe it makes communities safer and allows local enforcement to focus on their jobs. Supporters say it makes immigrants living in the country illegally more likely to report crimes -- such as domestic violence -- without fear of being detained by federal authorities.Supervisors Dianne Jacob and Kristin Gasper have both indicated in Fox News interviews they support joining the lawsuit against SB 54."This is a politically super-charged issue as you might imagine," Gaspar, a candidate for Congress, told Fox News. "We're talking about hundreds of emails pouring in from all sides. But let us not forget, let's take the emotion out of this. We're talking about following the constitutional laws of our land."The Board of Supervisors will discuss the issue in closed session Tuesday.A group of San Diego business, law enforcement, philanthropic, environmental, faith and social justice figures will hold their own news conference Tuesday urging the board not to join the lawsuit. That event is set for 10 a.m. at the San Diego County Administration Center, Waterfront Park, 1600 Pacific Highway.At 1 p.m. Monday, the group Indivisible San Diego will hold a rally in front of County Supervisor Bill Horn’s Vista office in an effort to convince him to vote against supporting the lawsuit.The group stated, “We must protect our people and our State values. This is our chance to fight for the underserved and underrepresented; our chance to be on the right side of history. And we must demand that Supervisor Horn do what is morally and objectively right, and vote in a manner that reflects the fabrics of our very diverse communities. Supervisor Horn needs to vote AGAINST joining this useless and bigoted Amicus Brief.”“Joining the federal lawsuit is an affront to California values and an attack on the safety and well-being of our communities,” the group added. “As residents of this historically diverse region, we value all residents and acknowledge our interdependence. If immigrants are afraid to call the police and report crimes, we are all less safe. If our local law enforcement agencies use our resources to enforce federal immigration laws, our local priorities are jeopardized. If tax-paying workers are deported, our economy suffers and our tax base declines. The time is now for our collective communities to come together and stand for the civil rights of our most vulnerable residents, our undocumented residents. SB 54 is the law of the land and it should be protected and we will be the ones that protect it.” 3865

SAN DIEGO (CNS) - Masked intruders threatened a couple with guns and slashed the male victim with a knife today during a daybreak residential robbery in a Corridor-area neighborhood.The 27-year-old man and 20-year-old woman awoke at their residence in the 3200 block of Bramson Place about 6:30 a.m. to find the thieves next to their bed, pointing guns at them and demanding valuables, according to San Diego police. One of the intruders held a knife to the man's throat, Officer Robert Heims said.During the robbery, the male victim suffered several cuts, Heims said.Details on the severity of the wounds were not released.The thieves stole an unknown amount and type of items from the couple before fleeing, according to police. 738

SAN DIEGO (CNS) - Authorities reached out to the public Thursday for help in identifying a motorist involved in a hit-and-run that killed a pedestrian last week in a Chollas Creek-area neighborhood.The 48-year-old victim was standing next to a parked vehicle along the west curb line of the 5300 block of Chollas Parkway shortly before 1 a.m. Friday when a dark-colored car traveling to the south at high speed on the wrong side of the street hit him, according to San Diego police.Following the fatal impact, the motorist stopped momentarily, then drove off, Officer Robert Heims said.The victim, whose name has been withheld pending family notification, died at the scene.Surveillance cameras captured images of the vehicle -- a four-door sedan, possibly a Lexus or Toyota with a lowered suspension. Police have no description of the driver.Anyone who might be able to help investigators track down the motorist or vehicle is asked to call San Diego County Crime Stoppers at 888-580-8477 or contact the agency online at sdcrimestoppers.org. Tipsters may remain anonymous and could be eligible for a reward of up to ,000. 1132