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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 — Democratic Congressman Mike Levin has opened a commanding 20-point lead over Republican challenger Brian Maryott in coastal North County's 49th district, according to a new scientific poll.The ABC-10News Union-Tribune poll shows Levin leading Maryott 56 percent to 36 percent, with the remainder undecided. It's an increase over the 49 percent to 37 percent lead Levin had over Maryott in a prior poll taken in mid-September. The district stretches from Del Mar into parts of southern Orange County."It's all over but the shouting," said political analyst John Dadian, who said the district has become increasingly democratic over the last 15 years. "It was getting bluer gradually, and now, the last election cycle and I believe this one, we're going to see the fruit come to bear."Levin won the 49th District seat in 2018 after Republican Darrell Issa decided not to seek re-election after nearly two decades. Issa is now running for Congress in east county's 50th District, which leans Republican. "We've seen a lot of the communities that have shifted to more in the democratic party since 2016 are these more suburban, well-educated communities like many of the communities in California's 49th," said Stephen Goggin, a lecturer in the political science department at San Diego State University. The poll of 514 likely voters shows Levin getting the support of 68 percent of independents, with Maryott, a San Juan Capistrano councilman, getting just 15 percent of them. Both are getting the bulk of their backing from their own parties. In an interview Tuesday, Levin said he was not taking anything for granted, and that the only poll that matters is the one on election day. "This is the home stretch of an election, all hands on deck, leave no stone unturned. That's the only way I know and that's what we're going to do over the next three weeks," Levin said. Maryott's campaign released a statement saying the race is much closer than what this poll shows. "We see it firsthand, on a daily basis: as more voters uncover Mike Levin’s extreme record, support for Brian Maryott increases significantly. We put our trust in the voters, not polls," the statement said. The SurveyUSA poll reports that 13 percent of respondents already voted, and 63 percent are 100 percent they will. It also shows Joe Biden defeating President Trump in the district, 56 percent to 39 percent. SurveyUSA surveyed 650 voting-age individuals from Oct. 8 to Oct. 12. 2472

SAN DIEGO (CNS and KGTV) - A former Team USA figure skater has filed suit against the U.S. Figure Skating Association and skating coach Richard Callaghan for allegedly sexually abusing the skater between 1999 and 2001, including at a skating competition held in San Diego.The suit, filed this week in San Diego County Superior Court, alleges that Callaghan sexually abused Adam Schmidt starting at the age of 14, even after reports surfaced alleging he had abused another skater.Callaghan -- perhaps best known for coaching Tara Lipinski to an Olympic gold medal in 1998 -- was accused of molesting another former skater, then-15-year-old Craig Maurizi, in a 1999 New York Times article.RELATED: Figure skater Ashley Wagner says she was sexually assaulted by a former coachSchmidt alleges that figure skating officials brought the article's allegations up for an internal review, but then dismissed the allegation "as it claimed the victim had not filed a formal written grievance within 60 days of the sexual misconduct perpetrated by (Callaghan)."Schmidt claims this system "made it nearly impossible for sexual abuse claimants to bring effective complaints forward against perpetrators of sexual abuse and misconduct."As he remained in good standing with skating officials, Schmidt alleges that Callaghan was able to continue abusing him over the course of three years, including at the 2001 Master of Figure Skating competition held in San Diego, when Schmidt was 16.Schmidt says the abuse has left him suffering from "psychological injuries and illnesses" as an adult, including a "psychological breakdown" and hospitalization in early 2017.Schmidt's attorney, John Manly, said "Our client is an extremely talented young athlete who dreamed of nothing more than to stand on an Olympic podium and hear our National Anthem. Instead, he had to stop competing in the sport he loved because of the sexual, physical and emotional damage done to him by his coach, Richard Callaghan."It started getting weird when he would leave his jacket, tie, and shirt on, but then take his suitepants and his underwear off," Schmidt told ABC News.The U.S. Figure Skating Association and the ice rinks where Callaghan worked ignored complaints around him for years. If they had done their legal duty in 1999 and reported Callaghan to the police, our client and other children could have been protected from this monster."Callaghan was suspended from coaching last March by the U.S. Center for SafeSport.The lawsuit also names Onyx Ice Arena, a Detroit skating facility, as a defendant, as Callaghan was allegedly allowed to work with children there despite the allegations against him. 2677

SAN DIEGO (AP) — California health officials have warned that a severe flu season could overwhelm hospitals that also are dealing with COVID-19. California Secretary of Health and Human Services Dr. Mark Ghaly joined the heads of the state's hospital and medical associations to urge people to get flu vaccines now. Ghaly said while the state has seen progress in recent weeks with a drop in coronavirus cases, officials expect an uptick as the economy continues to open. That makes it critical for hospitals to keep bed space available. Officials said currently hospitals are treating 3,500 confirmed and suspected COVID-19 patients. About 30 percent are in intensive care units. 688

SAN DIEGO (CNS) - A 28-year-old man was hospitalized Monday with non- life-threatening wounds to his leg and hand after he was shot by another man in a parking lot near Mission Bay, police said.The shooting happened around 7:10 p.m. Sunday in a parking lot in the 2600 block of Ingraham Street, north of West Mission Bay Drive, San Diego police Sgt. Kevin Gibson said.The 28-year-old man was standing alone in the parking lot when another man approached him and fired five shots, striking the victim in the leg and the hand, Gibson said.The victim was taken to UC San Diego Medical Center for treatment of his injuries, which were not believed to be life-threatening, the sergeant said.No detailed suspect description was immediately available.One person was detained at the scene and later arrested on unrelated charges, Gibson said. The nature of those charges was not disclosed.Detectives from the San Diego Police Department's special operations unit were investigating the circumstances leading up to the shooting. 1027

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